Owners Corporation SP 79417 v Trajcevski [2017] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 79417 v Trajcevski [2017] NSWCATAP 101 Hearing dates: 18 October 2016 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Appeal Panel Before: P. Callaghan SC, Principal Member. D. Goldstein, Senior Member Decision: Leave to appeal is refused.

The appeal is dismissed.

Any application by the respondents for costs of this appeal is to be made by filing and serving on the appellant written submissions within 21 days after the date of publication of this decision and the appellant is to file and serve on the respondents any submissions in reply within 21 days after service on the appellant of the respondents' submissions. Catchwords: APPEAL – Civil and Administrative Tribunal – inadequate specification of questions of law – appeal dismissed NEGLIGENCE – Owners Corporation – no duty of care HOME BUILDING ACT 1989 – S 3B – proper construction – date of completion LEAVE TO APPEAL – no substantial miscarriage of justice – application for leave dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Strata Schemes Management Act 1996 Cases Cited: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36, (2014) 254 CLR 185 Bryan v Maloney (1995) 182 CLR 609 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1 Ferella v Commissioner of State Revenue [2014] NSWCA 378 Griffiths v Gates [2013] NSWCTTT 302 Labuschagne v Clarke [2013] NSWCTTT 452 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sayegh v Vojodic [2013] NSWCTTT 436 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 Category: Principal judgment Parties: Owners Corporation SP 79417 (Appellant) Michael Trajcevski, Snez Trajcevski and Traj Developments Pty Limited (Respondents) Representation: Solicitors: Prime Lawyers (Appellant) Birch Partners (Respondents) File Number(s): AP 16/26346 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 29 April 2016 Before: P. Boyce, Senior Member File Number(s): HB 14/36424