Ralan (Culworth) Pty Ltd v Owners Corporation SP 83405 [2017] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ralan (Culworth) Pty Ltd v Owners Corporation SP 83405 [2017] NSWCATAP 223 Hearing dates: 21 November 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member J S Currie, Senior Member Decision: (1) Appeal allowed.

(2) Refuse leave for the applicant owners corporation (the respondent to this appeal) to rely upon the expert report of Mr Roderick Leigh Lemon dated 13 September 2017.

(3) Order that the proceedings be remitted to the Consumer and Commercial Division and listed for an expedited hearing date.

(4) Order that, in addition to the costs orders made by the primary member which remains relevant (being order 3 made on 18 September 2017 that the applicant is to pay the respondent's costs thrown away of the vacated hearing on 20 September 2017, as agreed or assessed, on an indemnity basis), the respondent to the appeal is to pay the appellant's costs of the appeal as agreed or assessed, on the ordinary basis. Catchwords: Home Building – late expert evidence taking claim beyond Tribunal jurisdictional limit – exercise of procedural discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: AON Risk Services Australia Ltd v ANU (2009) 239 CLR 175 Kelly v Mina [2014] NSWCA 9 OC SP 70030 v Decon Australia PL [2014] NSWSC 34 Collins v Urban [2014] NSWCATAP 17 O'Neill v T&I Engines PL [2015] NSWCATAP 77 Dyldam Developments PL v Mewing [2017] NSWCATAP 170 Texts Cited: Nil Category: Principal judgment Parties: Ralan (Culworth) Pty Ltd (Appellant) Owners Corporation SP 83405 (Respondent) Representation: Counsel: M Sheldon (Appellant) S Thoda (Respondent)