The Owners - Strata Plan 89023 v AT Building Pty Ltd [2019] NSWCATAP 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan 89023 v AT Building Pty Ltd [2019] NSWCATAP 171 Hearing dates: 29 March 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Hamilton SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. If a party seeks an order for costs of the appeal, that party may file written submissions within 14 days of publication of these reasons seeking an order in relation to the costs of the appeal. 4. If a party files submissions in accordance with order 3, any other party may file submissions in response within a further 14 days. 5. Any submissions filed in accordance with orders 3 and 4 should address whether the question of costs may be determined on the papers and without a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – home building – work orders for rectification of defects – costs decision – whether rejection of Calderbank offer unreasonable – whether error of law – whether leave should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No.2) [2005] VSCA 298 House v The King [1936] HCA 40; (1936) 55 CLR 499 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 Miwa Pty Ltd v Siantan Properties Pte Ltd (No.2) [2011] NSWCA 344 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SMEC Testing Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan 89023 (Appellant) AT Building Pty Ltd (First Respondent) Mowbray Road Pty Ltd as trustee for Mowbray Road Unit Trust (Second Respondent) Representation: Counsel: C Mobellan (Appellant) D Priestley SC (Respondents)