3D Design & Build Pty Ltd v Lynch [2016] NSWCATAP 229

3D Design & Build Pty Ltd v Lynch [2016] NSWCATAP 229

Although the Tribunal member erred in concluding he was compelled to make money orders and could not make further work orders on a renewed application, the facts justified the monetary order, as ongoing failures by the builder to perform rectification work with due care and skill and lack of adequate explanation for delays meant further work orders would have been inappropriate. None of the builder's additional grounds demonstrated procedural unfairness, error of law, or justified leave to appeal.

Jurisdiction
Australia
Judgment Date
19 October 2016
Procedural Posture
Appeal / Determination of Appeal and Application for Leave to Appeal
Outcome
Appeal dismissed. Application for leave to appeal refused.
Legal Topics
['home Building Act—delay in Compliance With Work Orders' 'renewal of Application—enforcement of Work Orders' 'leave to Appeal—evidence Availability' 'procedural Fairness in Tribunal Hearings']
['contracts' 'building and Construction Law'] ['home Building Act—delay in Compliance With Work Orders' 'renewal of Application—enforcement of Work Orders' 'leave to Appeal—evidence Availability' 'procedural Fairness in Tribunal Hearings']

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Procedural Posture

Appeal / Determination of Appeal and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal member erred in requiring money orders rather than further work orders on a renewed application under Schedule 4 clause 8' 'Whether evidence not reasonably available at the time of the initial hearing justified leave to appeal' 'Whether there was denial of procedural fairness' 'Whether the appellant had adequate access to complete rectification work on time']

Ratio Decidendi

Although the Tribunal member erred in concluding he was compelled to make money orders and could not make further work orders on a renewed application, the facts justified the monetary order, as ongoing failures by the builder to perform rectification work with due care and skill and lack of adequate explanation for delays meant further work orders would have been inappropriate. None of the builder's additional grounds demonstrated procedural unfairness, error of law, or justified leave to appeal.

Court Disposition

Appeal dismissed. Application for leave to appeal refused.

Orders

  • ['(1) Appeal dismissed' '(2) Application for Leave to Appeal refused']