Cuthbert v The Owners - Strata Plan No. 34194 [2023] NSWCATAP 107

Cuthbert v The Owners - Strata Plan No. 34194 [2023] NSWCATAP 107

Leave to appeal was refused and the appeal dismissed because the Contractor identified no question of law and failed to show any reasonably clear injustice, unfairness, error in reliance on the only rectification quotation before the Tribunal, or basis for disturbing the money order. The alleged new evidence about GST registration, licensing and related matters was reasonably available before the Tribunal hearing and, in any event, would not have changed the outcome. The Tribunal was entitled to accept the Fisher quotation, deduct the sums that would otherwise have been payable to the Contractor, and order payment of $23,866.50 to the Owners after rejecting the Contractor's condition that...

Jurisdiction
Australia
Judgment Date
17 April 2023
Procedural Posture
Internal Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division, in a Home Building Dispute / Appeal Panel Decision on Appeal, Leave to Appeal, Leave to Adduce Further Evidence, and Costs Directions
Outcome
The appeal was dismissed; leave to appeal was refused; leave to adduce further evidence was refused; directions were made for any costs application.
Legal Topics
['leave to Appeal' 'questions of Law' 'further Evidence on Appeal' 'procedural Fairness for Self Represented Litigants' 'rectification Costs' 'home Building Contracts' 'costs Submissions']
['administrative Law' 'civil Procedure' 'home Building' 'strata Disputes'] ['leave to Appeal' 'questions of Law' 'further Evidence on Appeal' 'procedural Fairness for Self Represented Litigants' 'rectification Costs' 'home Building Contracts' 'costs Submissions']

Case Brief

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Procedural Posture

Internal Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division, in a Home Building Dispute / Appeal Panel Decision on Appeal, Leave to Appeal, Leave to Adduce Further Evidence, and Costs Directions

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Tribunal's money order requiring the Contractor to pay the Owners $23,866.50." 'Whether the Tribunal erred or acted unfairly in relying on the MB Fisher Building Services Pty Limited quotation for rectification costs.' 'Whether the Contractor should be granted leave to adduce further evidence concerning GST registration, licensing, and related matters about the quotation provider.' 'Whether the Contractor established that the Owners constructively denied access or changed the scope of works so as to justify setting aside the money order or ordering payment to him.']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the Contractor identified no question of law and failed to show any reasonably clear injustice, unfairness, error in reliance on the only rectification quotation before the Tribunal, or basis for disturbing the money order. The alleged new evidence about GST registration, licensing and related matters was reasonably available before the Tribunal hearing and, in any event, would not have changed the outcome. The Tribunal was entitled to accept the Fisher quotation, deduct the sums that would otherwise have been payable to the Contractor, and order payment of $23,866.50 to the Owners after rejecting the Contractor's condition that...

Court Disposition

The appeal was dismissed; leave to appeal was refused; leave to adduce further evidence was refused; directions were made for any costs application.

Orders

  • ['The appeal is dismissed.' 'Leave to appeal is refused.' 'Leave to adduce further evidence is refused.' 'The Respondent is to file and serve written submissions in support of any application for costs, not exceeding 5 pages in length, within 21 days of the date of these orders. If the Owners chose not to pursue a...