The Owners Strata Plan No. 99779 v Rockdale One Pty Ltd

The Owners Strata Plan No. 99779 brought proceedings against Rockdale One Pty Ltd in relation to alleged defective work on a building. The dispute was heard by the New South Wales Civil and Administrative Tribunal. The central issue for determination was the extent of the defective work and the appropriate work order to remedy it. The tribunal had to decide whether the evidence led to the inference that the defects were extensive and required a more comprehensive work order than initially proposed.

The tribunal carefully examined the evidence and the parties' submissions to determine the appropriate scope of the work order. It found that the evidence did indeed support the inference that the defects were more widespread than initially suggested. Consequently, the tribunal ordered the parties to jointly draft a revised work order reflecting these findings within 14 days. If they could not reach an agreement, each party had to submit their own work order supported by a brief written submission. The tribunal reserved the right to make the final work order decision based on the submissions.

Additionally, the tribunal set out the procedures for any costs applications that may arise from the proceedings. It specified the timeframes for lodging and responding to such applications, and provided that unless the parties consented otherwise, the tribunal would decide the costs application based on the written submissions and documents provided.

In summary, the tribunal mandated a revised work order reflecting the extent of the defective work, established a process for resolving any disagreements between the parties regarding the work order, and outlined the procedures for costs applications related to the proceedings.