Robyn Norberry v The Owners – Strata Plan 66047 [2015] NSWSC 861

Robyn Norberry v The Owners – Strata Plan 66047 [2015] NSWSC 861

Because the dispute concerned a single longstanding justiciable controversy over deficient building works, rectification and damages, but also involved competing considerations including NCAT's specialist jurisdiction and the avoidance of multiplicity of proceedings, the appropriate immediate course was to order mediation under s 26 of the Civil Procedure Act 2005 to promote a just, quick and cheap resolution, while adjourning the summons rather than finally determining transfer.

Jurisdiction
Australia
Judgment Date
15 May 2015
Procedural Posture
Summons for Transfer of Proceedings And/or Commencement of Proceedings in the Supreme Court Otherwise Before the Local Court And/or NCAT / Procedural Ruling Ordering Mediation and Adjourning the Summons
Outcome
Mediation ordered; summons adjourned; costs reserved; liberty to apply granted.
Legal Topics
['transfer of Proceedings' 'multiplicity of Proceedings' 'mediation' 'deficient Building Works' 'rectification Works' 'damages']
['civil Procedure' 'building and Construction' 'strata'] ['transfer of Proceedings' 'multiplicity of Proceedings' 'mediation' 'deficient Building Works' 'rectification Works' 'damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summons for Transfer of Proceedings And/or Commencement of Proceedings in the Supreme Court Otherwise Before the Local Court And/or NCAT / Procedural Ruling Ordering Mediation and Adjourning the Summons

Legal Issues

  1. 1 ['Whether proceedings concerning deficient building works and rectification should be transferred to or commenced in the Supreme Court rather than proceed separately in the Local Court and NCAT.' 'Whether mediation should be ordered to facilitate resolution of the longstanding dispute.' "How to address the competing considerations of avoiding multiplicity of proceedings and allowing NCAT's specialist jurisdiction to run its course."]

Ratio Decidendi

Because the dispute concerned a single longstanding justiciable controversy over deficient building works, rectification and damages, but also involved competing considerations including NCAT's specialist jurisdiction and the avoidance of multiplicity of proceedings, the appropriate immediate course was to order mediation under s 26 of the Civil Procedure Act 2005 to promote a just, quick and cheap resolution, while adjourning the summons rather than finally determining transfer.

Court Disposition

Mediation ordered; summons adjourned; costs reserved; liberty to apply granted.

Orders

  • ['The parties confer in order to agree on a mediator within 14 days, by 4pm on 29 May 2015.' 'In the absence of agreement, the matter be referred to the Registrar for mediation in accordance with the Joint Protocol.' 'Subject to an agreement to the contrary, each party bears its own costs of the mediation and half...