The Owners - Strata Plan 87265 v Saaib; Alexandrova v The Owners - Strata Plan 87265

The appeal concerned a dispute between The Owners - Strata Plan 87265 (the Owners Corporation) and Mr Saaib, and a separate appeal by Ms Alexandrova against the Owners Corporation. The primary dispute involved allegations of misleading and deceptive conduct and breaches of consumer law in relation to a building project. The proceedings were heard in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal included whether the primary judge erred in their assessment of witness credibility and reliability, particularly concerning findings not explicitly based on demeanour. The court also considered the admissibility and probative value of tendency evidence relating to a separate building project, and whether a *Jones v Dunkel* inference should have been drawn. Furthermore, the court had to determine the issue of causation in relation to the misleading and deceptive conduct, specifically whether the property developer would have obtained a valid insurance contract through honest means in the absence of such conduct.

The Court of Appeal allowed the Owners Corporation's appeal, setting aside the previous orders and entering judgment against Mr Saaib for a significant sum, ordering him to pay the Owners Corporation's costs of the trial and the appeal. In relation to Ms Alexandrova's appeal, the court also allowed the appeal, setting aside the previous orders and dismissing her amended summons, while ordering the Owners Corporation to pay Ms Alexandrova's costs of the trial as an unrepresented party.