Elias v McGauley [2019] NSWCATAP 237

Elias v McGauley [2019] NSWCATAP 237

Extension of time in which to bring the appeal refused as explanation for delay was unreasonable and appeal did not have sufficient prospects of success; procedural unfairness argument rejected since documents were properly served on company as per ASIC records; subsequent sale of property did not amount to significant new evidence affecting assessment of damages.

Parties
First Appellant: Mikhael Elias; Second Appellant: Boral Stripout and Demolition Pty Limited; First Respondent: Paul McGauley; Second Respondent: Kerrilyn Currie
Jurisdiction
Australia
Judgment Date
24 September 2019
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; extension of time refused; stay lifted
Legal Topics
Extension of Time for Appeal, Service of Documents on Corporation, Procedural Fairness, Rectification of Defective Building Work, Damages, Sale of Property Without Rectification, Assessment of Damages
Civil Procedure Building and Construction Extension of Time for Appeal Service of Documents on Corporation Procedural Fairness Rectification of Defective Building Work Damages Sale of Property Without Rectification +1 more

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Parties

Mikhael Elias

First Appellant

Boral Stripout and Demolition Pty Limited

Second Appellant

Paul McGauley

First Respondent

Kerrilyn Currie

Second Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether extension of time for appeal should be granted
  2. 2 Whether service of documents on company and director was sufficient
  3. 3 Whether procedural fairness was breached

Ratio Decidendi

Extension of time in which to bring the appeal refused as explanation for delay was unreasonable and appeal did not have sufficient prospects of success; procedural unfairness argument rejected since documents were properly served on company as per ASIC records; subsequent sale of property did not amount to significant new evidence affecting assessment of damages.

Court Disposition

Appeal dismissed; extension of time refused; stay lifted

Orders

  • The stay of order 1 of the Tribunal made on 21 January 2019 is lifted
  • An extension of time in which to bring the appeal is refused