The Owners – Strata Plan No 80211 v Control Services Pty Ltd & Killen [2022] NSWCATAP 319

The Owners – Strata Plan No 80211 v Control Services Pty Ltd & Killen [2022] NSWCATAP 319

The appellant did not establish that the damages claimed were caused by the respondents' breach of contract in issuing non-compliant Annual Fire Safety Statements; the invoices relied on concerned rectification works that were not demonstrated to flow from the respondents’ acts or omissions or were outside the contract’s scope. Leave to appeal was refused, and the appeal dismissed as no question of law was raised and no substantial miscarriage of justice established.

Jurisdiction
Australia
Judgment Date
10 October 2022
Procedural Posture
Internal Appeal / Leave to Appeal and Final Determination
Outcome
Leave to appeal refused. Appeal dismissed.
Legal Topics
['appeal' 'leave to Appeal' 'fire Safety Compliance' 'damages']
['contract' 'strata and Property' 'consumer Law'] ['appeal' 'leave to Appeal' 'fire Safety Compliance' '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

Internal Appeal / Leave to Appeal and Final Determination

Legal Issues

  1. 1 ['Whether the appellant suffered loss by reason of non-compliant Annual Fire Safety Statements issued by the respondents for 2019 and 2020.' "Whether leave to appeal should be granted from the Tribunal's dismissal of the appellant's claim for damages."]

Ratio Decidendi

The appellant did not establish that the damages claimed were caused by the respondents' breach of contract in issuing non-compliant Annual Fire Safety Statements; the invoices relied on concerned rectification works that were not demonstrated to flow from the respondents’ acts or omissions or were outside the contract’s scope. Leave to appeal was refused, and the appeal dismissed as no question of law was raised and no substantial miscarriage of justice established.

Court Disposition

Leave to appeal refused. Appeal dismissed.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.']