Owners Corporation SP 82076 v Taricon Pty Ltd

The Owners Corporation SP 82076 has brought proceedings against Taricon Pty Ltd in relation to alleged breaches of building work carried out on a residential property. The matter was heard in the Civil and Administrative Tribunal (CAT). The primary legal issue before the tribunal was whether it had the jurisdiction to hear an application by the respondent for costs following the dismissal of its appeal against an earlier decision of the tribunal.

The tribunal considered the relevant statutory provisions and concluded that the application for costs was outside its jurisdiction. It determined that the respondent's application was not an appeal within the meaning of the Civil and Administrative Tribunal Act 2013, and therefore the tribunal did not have the power to hear it. The tribunal further found that the respondent's application was in substance an application to review a decision under the Administrative Decisions (Judicial Review) Act 1977 and that the proper forum for such an application was the Supreme Court of New South Wales.

Consequently, the tribunal dismissed the respondent's application for costs. It held that a hearing on costs was dispensed with and ordered that the respondent was to pay the applicant’s costs of the proceedings from a specified date, as agreed or assessed.