Lane Cove Council v The Owners – Strata Plan No 88649 [2018] NSWCATAP 171

Lane Cove Council v The Owners – Strata Plan No 88649 [2018] NSWCATAP 171

The Appeal Panel held there was sufficient and credible evidence supporting the finding of systemic defects to all units, and it was reasonably open to the Tribunal to reach such a conclusion. The Tribunal provided adequate reasons and applied relevant legal principles for its orders regarding rectification and costs. Procedural fairness was afforded, and the allowance for design and professional fees was open on the evidence. The appeal failed on all grounds.

Parties
Appellant: Lane Cove Council; First Respondent: The Owners – Strata Plan No 88649; Second Respondent: New South Wales Self-Insurance Corporation
Jurisdiction
Australia
Judgment Date
17 July 2018
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Statutory Warranties, Defective Building Work, Procedural Fairness, Costs, Rectification of Defects
Home Building Civil Procedure Statutory Warranties Defective Building Work Procedural Fairness Costs Rectification of Defects

Case Brief

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Parties

Lane Cove Council

Appellant

The Owners – Strata Plan No 88649

First Respondent

New South Wales Self-Insurance Corporation

Second Respondent

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the Tribunal's finding of a systemic timber flooring defect was reasonable
  2. 2 Whether the Tribunal provided adequate reasons for its finding
  3. 3 Whether full rectification of flooring in all units was necessary and reasonable

Ratio Decidendi

The Appeal Panel held there was sufficient and credible evidence supporting the finding of systemic defects to all units, and it was reasonably open to the Tribunal to reach such a conclusion. The Tribunal provided adequate reasons and applied relevant legal principles for its orders regarding rectification and costs. Procedural fairness was afforded, and the allowance for design and professional fees was open on the evidence. The appeal failed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the costs of the first respondent, such costs to be as agreed or assessed on an ordinary basis.