Taylor Construction Group Pty Ltd v Strata Plan 92888 t/as the Owners Strata Plan 92888

Taylor Construction Group Pty Ltd appealed to the NSW Civil and Administrative Tribunal (CAT) Appeal Panel against a decision that the use of “Biowood” attachments to the external walls of multi-storey residential buildings constituted an undue risk of fire spread. The appeal was brought under section 83 of the Civil and Administrative Tribunal Act 2013 (NSW). The appeal was dismissed by the Appeal Panel on the grounds that the Panel had correctly applied the proper test and the Building Code of Australia, and that the finding of undue risk was supported by evidence.

The central legal issues for the Appeal Panel to determine were whether the CAT Appeal Panel had correctly formulated and applied the test for undue risk as outlined in the Building Code of Australia and whether the CAT Appeal Panel's finding of undue risk was supported by the evidence. The appeal hinged on the interpretation of the statutory test for undue risk and the standard of proof required for such a finding.

In dismissing the appeal, the Appeal Panel found that the CAT Appeal Panel had correctly formulated and applied the test for undue risk as outlined in the Building Code of Australia. The Appeal Panel held that the CAT Appeal Panel had appropriately considered the risk of fire spread in the context of the specific building design and had provided adequate reasons for its conclusion that the use of “Biowood” attachments constituted an undue risk. The Appeal Panel also found that the CAT Appeal Panel's finding of undue risk was supported by the evidence presented at the hearing. The Appeal Panel concluded that the CAT Appeal Panel had not erred in law or made a finding in the absence of evidence. The appeal was therefore dismissed.