Leung v Alexakis [2018] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leung v Alexakis [2018] NSWCATAP 11 Hearing dates: 21 July 2017 Date of orders: 05 January 2018 Decision date: 05 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Walker, Senior Member Decision: (1) The appeal is allowed in part.

(2) The orders made by the Tribunal on 31 March 2017 are varied as follows:

1. The respondent at her own cost is to engage appropriately qualified and licensed trade persons to demolish the stormwater works the subject of these proceedings and reconstruct them in accordance with the plans of D Mitsopoulos & Associates Plans dated 21 August 2011.

2. All persons who are to carry out the specialist work are to provide written evidence to the Appellants that they are suitably qualified, licensed and insured prior to any works commencing;

3. The respondent is to pay for all costs associated with obtaining any relevant approval/s for the rectification work.

4. The work, the subject of order 1, is to be inspected by Building Certificates Pty Ltd (certifier) at such times and in such manner as is necessary for the certifier to confirm in writing at the conclusion of the work that all work has been done in accordance with order 1 and to enable the certifier to provide all necessary certificates to relevant authorities in conformance with the development approval and other requirements applicable to that work. The costs of the certifier are to be paid by the respondent.

5. The work is to be commenced within 30 days of the date of these orders and is to be completed within 90 days of the date of these orders.