Manbead Pty Ltd v The Owners – Strata Plan; No 87635 [2017] NSWSC 1629

Supreme Court New South Wales

Medium Neutral Citation: Manbead Pty Ltd v The Owners – Strata Plan; No 87635 [2017] NSWSC 1629 Hearing dates: 5 April 2017 Decision date: 28 November 2017 Jurisdiction: Common Law Before: McCallum J Decision: Application for leave to appeal dismissed Catchwords: APPEALS – application for leave to appeal against decision of NCAT Appeal Panel on a question of law – no error of law established

BUILDING CLAIMS – claims by Owners Corporation and individual lot owners in respect of common property – whether Appeal Panel erred in assuming separate claims were maintainable – whether Appeal Panel erred in declining to consider Scott Schedule prepared after consent orders were entered for purpose of determining whether claim exceeded Tribunal's jurisdictional limit Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83(1), Sch 4 cl 8 Home Building Act 1989 (NSW), s 48K(1) Cases Cited: Honeywood v Munnings [2006] NSWCA 215 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 The Owners SP 35042 v Seiwa Australia Pty Ltd [2007] NSWCA 272 The Owners – Strata Plan No 43551 v Walter Construction Group Limited [2004] NSWCA 429 Vero Insurance Ltd v Owners of Strata Plan No 69352 [2011] NSWCA 138 Category: Principal judgment Parties: Manbead Pty Ltd (plaintiff) The Owners – Strata Plan No 87635 (first defendant) Gino D'Amico (second defendant) Representation: Counsel: MJ Dawson (plaintiff) I George (defendant)