Esteban v 2M Projects Pty Ltd [2021] NSWCATAP 137

Esteban v 2M Projects Pty Ltd [2021] NSWCATAP 137

Leave to appeal is refused because the Tribunal found no evidence of a miscalculation, nor a clear injustice or factual error warranting appellate intervention. The alleged overpayment for fence hire was not shown to have been raised or considered in the original proceedings, and thus no error is established in the earlier decision.

Jurisdiction
Australia
Judgment Date
17 May 2021
Procedural Posture
Appeal / Decision on Leave to Appeal
Outcome
leave to appeal refused; appeal dismissed
Legal Topics
['appeals' 'leave to Appeal' 'discretionary Decisions' 'miscalculation of Claim' 'home Building Act 1989 (nsw)']
['civil Procedure' 'building and Construction'] ['appeals' 'leave to Appeal' 'discretionary Decisions' 'miscalculation of Claim' 'home Building Act 1989 (nsw)']

Case Brief

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Procedural Posture

Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 ["Whether the Tribunal's decision involved a miscalculation regarding fence hire charges" 'Whether leave to appeal should be granted based on an alleged error or miscarriage of justice']

Ratio Decidendi

Leave to appeal is refused because the Tribunal found no evidence of a miscalculation, nor a clear injustice or factual error warranting appellate intervention. The alleged overpayment for fence hire was not shown to have been raised or considered in the original proceedings, and thus no error is established in the earlier decision.

Court Disposition

leave to appeal refused; appeal dismissed

Orders

  • ['Leave to appeal the decision of the Tribunal dated 7 December 2020 is refused.' 'The appeal is otherwise dismissed.']