The Owners Strata Plan No 84751 v Karimbla Construction Services Pty Ltd [2016] NSWCATAP 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 84751 v Karimbla Construction Services Pty Ltd [2016] NSWCATAP 145 Hearing dates: 18 March 2016, 2 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Appeal Panel Before: The Hon D Cowdroy OAM QC ADCJ, Principal Member A Coleman SC, Senior Member Decision: Appeal allowed. See paragraph [124] for orders made. Catchwords: APPEAL: power of Tribunal to set aside or vary orders dismissing proceedings. APPEAL: whether discretion to set aside or vary orders should be exercised. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulations 2014 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Bailey v Marinoff [1971] 125 CLR 529 FAI General Insurance Co Limited v Southern Cross Exploration N.L. (1988) 165 CLR 268 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Owners Strata Plan No 70030 v Deacon Australia Pty Ltd [2-14] NSWSC 347 Category: Principal judgment Parties: The Owners Strata Plan No 84751 – Appellant Karimbla Construction Services Pty Ltd - Respondent Representation: Counsel: n/a – Appellant Mr Bradley - Respondent