Alliance Project Group Pty Ltd v The Owners – Strata Plan No. 92334 [2019] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alliance Project Group Pty Ltd v The Owners – Strata Plan No. 92334 [2019] NSWCATAP 154 Hearing dates: 17 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Charles, Acting Principal Member Decision: 1. Piety Capital Pty Ltd is removed as a party to this appeal.

2. Leave to appeal is refused and the appeal is otherwise dismissed.

3. The applicant for leave/appellant is to pay the costs of the respondent, such costs to be as agreed or assessed on an ordinary basis Catchwords: PRACTICE AND PROCEDURE – Leave to appeal – dismissal of application for summary dismissal – abuse of process – failure to enquire about the value of works for which a work order is sought under the Home Building Act prior to the commencement of proceedings. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Home Building Act, 1989 (NSW) Cases Cited: Champion Homes Pty Ltd v Guirgus [2018] NSWCATAP 54 The Owners – Strata Plan No. 70030 v Decon Australia Pty Ltd [2014] NSWSC 347 Texts Cited: Nil Category: Principal judgment Parties: Alliance Project Group Pty Ltd (Appellant) The Owners – Strata Plan No. 92334 (Respondent) Representation: Counsel B Le Plastrier (Appellant) D Weinberger (Respondent)