Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: The Owners-Strata Plan No 93227 v In Style Developments Pty Ltd [2023] NSWCATCD 154 Hearing dates: 9 February 2022; written submissions to 28 April 2022 Date of orders: 30 January 2023 Decision date: 30 January 2023 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The first respondent (In-Style Developments Pty Ltd) and the second respondent (Arden CH (NSW) Pty Ltd are to perform, or cause the performance of, the works set out in the scope of works in Items 1 to 148 of the Scott Schedule contained at Tab 14 of the Tender Bundle filed in these proceedings by 30 July 2023.
(2) The second respondent is to perform, or cause the performance of, the works set out in the scope of works in Items 149 to 172 of the Scott Schedule contained at Tab 14 of the Tender Bundle filed in these proceedings by 30 July 2023.
(3) The second respondent is to perform, or cause the performance of, the works set out in the scope of works in Items 174 to 215 (other than Item 179) of the Scott Schedule contained at Tab 14of the Tender Bundle filed in these proceedings by 30 July 2023.
(4) The second respondent is to perform, or cause the performance of, the works set out in the scope of works in paragraph 9 of the Draft Building Work Rectification Order of Mr Whitton of NSW Fair Trading under s 33 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) contained at Tab 20 of the Tender Bundle filed in these proceedings by 30 July 2023.
(5) The application for work orders under Section 48O of the Home Building Act 1989 (NSW) is otherwise dismissed.
(6) The work in Orders 1, 2, 3 and 4 is to be performed by suitably licensed and insured persons exercising due care and skill.
(7) The issue of costs of these proceedings is to be determined in the following manner:
(a) The costs applicant is to file with the Tribunal and serve on the costs respondent all written submissions and documents relied upon in the costs application by 14 days from the date of this decision.
(b) The cost respondent is to file with the Tribunal and serve on the costs applicant all written submissions and documents relied upon by the costs respondent within 28 days from the date of this decision.
(c) The costs applicant is to file with the Tribunal and serve on the costs respondent all submissions in reply by 35 days from the date of this decision.
(d) The costs submissions of the parties are to include whether a party seeks an oral hearing on the issue of costs or consents to the issue of costs being determined on the papers.
(e) Subject to the submissions of the parties and consideration of those submissions, the Tribunal may determine the issue of costs without further oral hearing…
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- AGLC
- The Owners-Strata Plan No 93227 v In Style Developments Pty Ltd [2023] NSWCATCD 154
- Case
- [2023] NSWCATCD 154
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the settlement agreement was breached by In-Style Developments Pty Ltd. However, it was also found that the work carried out by Arden CH (NSW) Pty Ltd was not defective and did not involve major defects. The Tribunal held that the work orders sought by the Owners Corporation were not appropriate and that the scope of the remedial works required was not sufficiently defined. The Tribunal made work orders for specific remedial works to be carried out by In-Style Developments Pty Ltd and Arden CH (NSW) Pty Ltd by certain dates. The Tribunal also made orders regarding the costs of the proceedings.
In summary, the Tribunal found that In-Style Developments Pty Ltd breached the settlement agreement, but that the work carried out by Arden CH (NSW) Pty Ltd was not defective. The Tribunal made work orders for specific remedial works to be carried out by the respondents by certain dates. The issue of costs of these proceedings is to be determined in accordance with the orders made by the Tribunal.
Orders
Orders of the court
(1) The first respondent (In-Style Developments Pty Ltd) and the second respondent (Arden CH (NSW) Pty Ltd are to perform, or cause the performance of, the works set out in the scope of works in Items 1 to 148 of the Scott Schedule contained at Tab 14 of the Tender Bundle filed in these proceedings by 30 July 2023.
(2) The second respondent is to perform, or cause the performance of, the works set out in the scope of works in Items 149 to 172 of the Scott Schedule contained at Tab 14 of the Tender Bundle filed in these proceedings by 30 July 2023.
(3) The second respondent is to perform, or cause the performance of, the works set out in the scope of works in Items 174 to 215 (other than Item 179) of the Scott Schedule contained at Tab 14of the Tender Bundle filed in these proceedings by 30 July 2023.
(4) The second respondent is to perform, or cause the performance of, the works set out in the scope of works in paragraph 9 of the Draft Building Work Rectification Order of Mr Whitton of NSW Fair Trading under s 33 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) contained at Tab 20 of the Tender Bundle filed in these proceedings by 30 July 2023.
(5) The application for work orders under Section 48O of the Home Building Act 1989 (NSW) is otherwise dismissed.
(6) The work in Orders 1, 2, 3 and 4 is to be performed by suitably licensed and insured persons exercising due care and skill.
(7) The issue of costs of these proceedings is to be determined in the following manner:
(a) The costs applicant is to file with the Tribunal and serve on the costs respondent all written submissions and documents relied upon in the costs application by 14 days from the date of this decision.
(b) The cost respondent is to file with the Tribunal and serve on the costs applicant all written submissions and documents relied upon by the costs respondent within 28 days from the date of this decision.
(c) The costs applicant is to file with the Tribunal and serve on the costs respondent all submissions in reply by 35 days from the date of this decision.
(d) The costs submissions of the parties are to include whether a party seeks an oral hearing on the issue of costs or consents to the issue of costs being determined on the papers.
(e) Subject to the submissions of the parties and consideration of those submissions, the Tribunal may determine the issue of costs without further oral hearing under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW).
(f) Any party may apply to vary the timetable for costs submissions.
(g) All costs submissions and documents must be filed with the Tribunal in hard copy.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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