BCS Strata Management Pty Ltd v Owners Corporation Strata Plan 61759 [2016] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BCS Strata Management Pty Ltd v Owners Corporation Strata Plan 61759 [2016] NSWCATAP 257 Hearing dates: 8 August 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member D A C Robertson, Senior Member Decision: (1) Appeal allowed in part. (2) Set aside the decision of 14 April 2016 and order instead:

1. The respondent, BCS Strata Management Pty Ltd, is to pay the applicant, Owners Corporation Strata Plan 61759, the sum of $3,575.00 immediately.

2. The respondent is to pay the appellant's costs of the appeal.

3. If either party seeks to submit that the Appeal Panel should make a different order in respect of the costs of the application or the appeal, they may file within seven days written submissions of no more than three pages. Within a further seven days the other party may file submissions in response of not more than three pages. Any such application will be determined on the papers. Catchwords: Contract – strata management – payment of moneys contrary to instructions – measure of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Falcke v Scottish Imperial Insurance Co (1886) 34 ChD 234 at 248; Lilley v Doubleday (1881) 7 QBD 510 Lumbers v W Cook Builders (2008) 232 CLR 635 at [80] Matthews v Discount Corp (1869) LR 4 CP 228 Pape v Westacott [1894] 1 QB 272 Stearine Co v Heintzmann (1864) 17 CBNS 56; 144 ER 22; Texts Cited: McGregor on Damages (Nineteenth edition) 2014 Category: Principal judgment Parties: BCS Strata Management Pty Ltd (Appellant) Owners Corporation Strata Plan 61759 (Respondent) Representation: Counsel: K Oliver (Appellant)