Ghazal v Masterton Homes Pty Ltd [2018] NSWCATAP 227

Ghazal v Masterton Homes Pty Ltd [2018] NSWCATAP 227

The Home Owners were aware, on or shortly after 14 December 2017, of the clear terms of the consent orders limiting the issues for final hearing and took no steps before 28 February 2018 to relist the matter or challenge those orders. The Tribunal gave counsel opportunities to seek instructions and was entitled, having regard to the history, delay and procedural directions, to refuse an adjournment. There was no denial of procedural fairness or error in the exercise of discretion. The challenge to the Tribunal's preference for the Builder's expert evidence raised no basis for leave because the Tribunal considered the expert reports and other evidence and was entitled to find that the Home...

Jurisdiction
Australia
Judgment Date
24 September 2018
Procedural Posture
Internal Appeal From a Decision of the Consumer and Commercial Division in a Home Building Contract Dispute / Appeal Panel Decision on Leave to Appeal and Appeal
Outcome
In so far as leave to appeal was required, leave was refused; the appeal was otherwise dismissed.
Legal Topics
['leave to Appeal' 'procedural Fairness' 'adjournment' 'consent Orders' 'interlocutory Orders Affecting Final Decision' 'expert Evidence' 'practical Completion']
['civil Procedure' 'administrative Law' 'home Building' 'consumer and Commercial Disputes'] ['leave to Appeal' 'procedural Fairness' 'adjournment' 'consent Orders' 'interlocutory Orders Affecting Final Decision' 'expert Evidence' 'practical Completion']

Case Brief

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Procedural Posture

Internal Appeal From a Decision of the Consumer and Commercial Division in a Home Building Contract Dispute / Appeal Panel Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness or erred in refusing an adjournment on 28 February 2018.' 'Whether interlocutory consent orders made on 14 December 2017 limited the issues for final hearing and could be challenged on appeal from the final orders.' "Whether leave should be granted to challenge the Tribunal's treatment of expert evidence and alleged failure to consider relevant material."]

Ratio Decidendi

The Home Owners were aware, on or shortly after 14 December 2017, of the clear terms of the consent orders limiting the issues for final hearing and took no steps before 28 February 2018 to relist the matter or challenge those orders. The Tribunal gave counsel opportunities to seek instructions and was entitled, having regard to the history, delay and procedural directions, to refuse an adjournment. There was no denial of procedural fairness or error in the exercise of discretion. The challenge to the Tribunal's preference for the Builder's expert evidence raised no basis for leave because the Tribunal considered the expert reports and other evidence and was entitled to find that the Home...

Court Disposition

In so far as leave to appeal was required, leave was refused; the appeal was otherwise dismissed.

Orders

  • ['In so far as leave to appeal is required, leave is refused.' 'Appeal otherwise dismissed.' 'Within 14 days of these reasons, each party is to file and serve any submissions on the question of costs, no longer than 3 pages in length.' 'Absent submissions to the contrary, the question of costs of the appeal is to be...