Concourt Pty Ltd v Victoria Mary Kerr [2015] NSWCATAP 106

Concourt Pty Ltd v Victoria Mary Kerr [2015] NSWCATAP 106

There was insufficient explanation for delay in builder's appeal, merits of builder's grounds were weak, and Tribunal's reasoning met legal adequacy standards; owner's appeal partially succeeded as Tribunal erred in not applying agreed rectification cost for tiles, warranting variation of award.

Parties
Appellant in AP 15/10590; Respondent in AP 15/59781: Concourt Pty Ltd; Appellant in AP 15/59781; Respondent in AP 15/10590: Victoria Mary Kerr
Jurisdiction
Australia
Judgment Date
09 June 2015
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Builder's appeal out of time dismissed; owner's appeal allowed in part; directions to parties to bring in orders reflecting findings and submissions on costs.
Legal Topics
Extension of Time, Error of Fact or Law, Practical Completion, Retention Monies, Rectification Costs
Building and Construction Contract Law Civil Procedure Extension of Time Error of Fact or Law Practical Completion Retention Monies Rectification Costs

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Parties

Concourt Pty Ltd

Appellant in AP 15/10590; Respondent in AP 15/59781

Victoria Mary Kerr

Appellant in AP 15/59781; Respondent in AP 15/10590

Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred on practical completion findings
  2. 2 Whether retention monies and interest were incorrectly calculated
  3. 3 Whether Tribunal erred in rectification of tiles

Ratio Decidendi

There was insufficient explanation for delay in builder's appeal, merits of builder's grounds were weak, and Tribunal's reasoning met legal adequacy standards; owner's appeal partially succeeded as Tribunal erred in not applying agreed rectification cost for tiles, warranting variation of award.

Court Disposition

Builder's appeal out of time dismissed; owner's appeal allowed in part; directions to parties to bring in orders reflecting findings and submissions on costs.

Orders

  • The application for leave to appeal out of time is dismissed.
  • The appeal is otherwise dismissed (AP 14/59781).