The Owners-Strata Plan 89023 v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust; Jayanthi and Shikaram v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust [2018] NSWCATCD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan 89023 v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust; Jayanthi and Shikaram v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust [2018] NSWCATCD 33 Hearing dates: 5 September 2017; 6 September 2017 Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 2 August 2018 are amended on 13 August 2018 to read as follows: In HB 15/61825 (1) The Builders, AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust, must carry out the works identified in the Joint Scott Schedule dated 1 May 2018 in accordance with the column headed "Recommended Rectification Works" and identified as Items 58.2, 58.3, C1.7 and all Items from page 71- 87 inclusive. Costs in HB 15/61825 (2) Any application for costs by The Owners-Strata Plan 89023 is to be supported by evidence and submissions of no more than 3 pages in length and is to be filed with the Tribunal and served on the Builders, AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust, on or before 15 August 2018. (3) Any evidence and submissions in response to the application for costs from the Builders, AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust, opposing the application for costs, of no more than 3 pages in length, is to be filed with the Tribunal and served on the Owners on or before 7 September 2018 (4) If there is no application made for costs by 15 August 2018 there will be no order as to costs. In application HB 15/61109 (5) The application is dismissed. Costs in HB 15/61109 (6) Any application for costs by the Builders, AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust, against the Lot Owners, Subhadra Jayanthi and Karunakar Shikaram, is to be supported by evidence and submissions of no more than 3 pages in length and is to be filed with the Tribunal and served on the Lot Owners, Subhadra Jayanthi and Karunakar Shikaram, on or before 15 August 2018. (7) If there is no application made for costs by 15 August 2018 there will be no order as to costs. (8) Any evidence and submissions in response to the application for costs from the Lot Owners, Subhadra Jayanthi and Karunakar Shikaram, opposing the application for costs, of no more than 3 pages in length, is to be filed with the Tribunal and served on the Builders, AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust, on or before 7 September 2018. In both applications: (9) The parties in both proceedings are to advise the Tribunal in their respective submissions as to costs if they consent to the issue of costs being determined on the papers without a hearing. (10) Alternatively the parties are to make submissions as to why such an order should not be made pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 Catchwords: HOME BUILDING-individual components of a fire safety system a major defect, completion of residential building work on issue of interim occupation certificate, limitation period for bringing claim for breach of statutory warranty in respect of other defects, preferred outcome Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 BNT Constructions v Allen [2017] NSWCATAP 186 Brooks v Gannon Constructions Pty Ltd [2017] NSWCATCD 12 Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206 Cuaresma v Delta Constructions Australia Pty Ltd [2017] NSWCATCD 67 Galdona v Peacock [2017] NSWCATAP 64 Johnson v Lukeman [2016] NSWCATAP 272 Maiolo v Frank Chiarelli and Anor [2016] NSWCATAP 81 Category: Principal judgment Parties: In application HB 15/61109 Applicants: The Owners-Strata Plan 89023 Respondents: AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust