Robyn Norberry v The Owners - Strata Plan 66047

In the Supreme Court of New South Wales, Robyn Norberry sought to transfer proceedings from the Local Court to the Supreme Court and from the NSW Civil and Administrative Tribunal (NCAT). Norberry's application centred on the repair and rectification of building works in her strata unit, which she claimed were deficient, as well as the protracted nature of the dispute. The respondents included The Owners - Strata Plan 66047 and other strata owners. The case involved complex issues of strata law, including the rights and obligations of owners and the strata corporation, and the resolution of long-standing disputes in strata titles.

The court was required to determine whether the proceedings should be transferred to the Supreme Court, considering the complexity of the dispute, the need for judicial oversight, and the potential benefits of a unified judicial process. The court also needed to consider whether mediation should be ordered to attempt to resolve the dispute before any hearing. The legal issues involved the proper forum for the resolution of the dispute, the merits of transferring proceedings between courts, and the applicability of the principles governing the transfer of proceedings under the Law Reform (Law and Justice) Amendment (Transfer of Proceedings) Act 2016 (NSW).

The court found that the dispute involved a single justiciable controversy over the defective building works and the rectification required. Given the complexity of the issues and the protracted nature of the dispute, the court considered that the matter was suitable for resolution in the Supreme Court. The court ordered that the matter should be referred to mediation, with a preliminary view that if mediation failed, an expedited hearing should be held, either in the Supreme Court or before the NCAT. The court emphasised the importance of attempting to resolve the dispute through mediation, given the potential benefits of an early resolution and the need to avoid further delay and expense.

The final orders of the court included a direction for mediation and, if mediation failed, a preliminary view that an expedited hearing should take place. The court reserved the right to make further orders as necessary, including orders as to costs and the allocation of the matter to a particular division of the Supreme Court.