Lane Cove Council v The Owners – Strata Plan No 88649 [2018] NSWCATAP 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lane Cove Council v The Owners – Strata Plan No 88649 [2018] NSWCATAP 171 Hearing dates: 22 May 2018 Date of orders: 17 July 2018 Decision date: 17 July 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr R Dubler SC, Senior Member Decision: 1. The appeal is dismissed.

2. The appellant is to pay the costs of the first respondent, such costs to be as agreed or assessed on an ordinary basis.

3. As between the appellant and the second respondent there is no order for costs.

4. If any party seeks a different costs order to that in order (2), the following directions apply:

(1) The applicant for costs ("costs applicant") must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders.

(2) Any respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders.

(3) The costs applicant is to file any submissions in reply within 21 days from the date of these orders.

(4) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application.

5. In the event an application is made pursuant to order (4), order (3) shall cease to have effect. Catchwords: HOME BUILDING CLAIM – defects and statutory warranties – no evidence or no reasonable basis for conclusion – failure to provide proper reasons – whether rectification work was a necessary and reasonable course to adopt – failure to provide procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Collins v Urban [2014] NSWCATAP 17 Commonwealth of Australia v Amann Aviation Pty Ltd (1992) 174 CLR 64 DAG Aviation Pty Ltd v Kirk [2017] NSWCATAP 4 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Peisley v Maddrell Management Pty Ltd [2010] NSWSC 1477 Category: Principal judgment Parties: Lane Cove Council (Appellant) The Owners – Strata Plan No 88649 (First Respondent) New South Wales Self-Insurance Corporation (Second Respondent) Representation: Counsel: D. Moujali (Appellant) J. Young (First Respondent) L. Corbett (Second Respondent)