Woodward v D J & T L Mellross Pty Ltd [2018] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Woodward v D J & T L Mellross Pty Ltd [2018] NSWCATAP 179 Hearing dates: 29 January and 22 March 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D A C Robertson, Senior Member Decision: 1. By consent Belinda Woodward is joined as an appellant.

2. Leave to appeal refused.

3.Appeal from the decision in HB 16/42636 dismissed.

4. Appeal from the decision in HB 16/52751 allowed in part.

5. The orders made on 19 September 2017 in proceedings HB 16/52751 are varied by the addition of Orders 10 and 11: (10) Unless Nigel and Belinda Woodward elect otherwise within 28 days of the date of this decision, DJ & TL Mellross Pty Ltd shall within 120 days of the date of this decision supply and install to the Woodwards' property a minimum 10,000 litre Pioneer water tank in standard Colorbond colour to match the existing tank, on a position adjacent to the existing tank as directed by the Woodwards, including the excavation of the site, supply of sand base, supply of stone wash around the outside of the tank and supply of all appropriate plumbing to enable the tank to operate concurrently with the existing tank. (11) Should Nigel and Belinda Woodward elect not to have DJ & TL Mellross Pty Ltd install a further water tank, DJ & TL Mellross Pty Ltd shall pay Nigel and Belinda Woodward the sum of $1,320 within 28 days of being notified of the Woodwards' election.

6. Either party may file written submissions within 14 days seeking an order in relation to the costs of the appeal.