Owners Of Strata Plan 52843 and Psaros Pty Ltd

Owners of Strata Plan 52843 and Psaros Pty Ltd were involved in a dispute over the performance of remedial works required by a building remedy order issued by the Building Commissioner. The dispute was heard by the New South Wales Civil and Administrative Tribunal (NCAT). The central issue before the Tribunal was whether an entity other than the original party to the building remedy order could assume legal responsibility for the performance of the remedial works. Additionally, the Tribunal needed to determine if it had the jurisdiction to vary the final orders made in the building remedy proceeding and the interpretation of the phrase 'liberty to apply' in the context of such orders.

The Tribunal held that an entity could assume responsibility for the performance of remedial works if the transfer of responsibility was properly documented and accepted by the Building Commissioner. The Tribunal also found that it had the jurisdiction to vary the final orders to the extent necessary to ensure the proper execution of the remedial works. The phrase 'liberty to apply' was interpreted as allowing the Tribunal to modify orders to achieve the intended purpose of the original order, provided the modification was reasonable and did not alter the fundamental nature of the order. The Tribunal's decision emphasised the importance of clear communication and documentation in the transfer of responsibilities related to building remedy orders.

The Tribunal ordered that Psaros Pty Ltd could assume responsibility for the remedial works, subject to approval by the Building Commissioner. It also varied the final orders to clarify the responsibilities of the parties and to ensure the proper execution of the remedial works. The decision underscored the importance of clear and documented agreements in transferring responsibilities under building remedy orders and affirmed the Tribunal's jurisdiction to modify final orders to achieve the intended purpose of the original order.