Lanser v Halycon Super Pty Ltd [2022] NSWCATAP 169

Lanser v Halycon Super Pty Ltd [2022] NSWCATAP 169

The appeal was dismissed because there was no evidence of an oral settlement, the written communications showed a counter-offer rejected by the builder rather than an agreement, the builder had ample time to serve its hearing material and was responsible for ensuring it could attend the telephone hearing, and there was no evidence that providing the plumbing certificate was impossible.

Jurisdiction
Australia
Judgment Date
24 May 2022
Procedural Posture
Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division, in a Residential Building Dispute / Appeal Panel Decision
Outcome
The appeal is dismissed.
Legal Topics
['nsw Civil and Administrative Tribunal' 'hearing Rule' 'opportunity to Be Heard' 'residential Building Work' 'plumbing Certificate' 'settlement']
['administrative Law' 'home Building'] ['nsw Civil and Administrative Tribunal' 'hearing Rule' 'opportunity to Be Heard' 'residential Building Work' 'plumbing Certificate' 'settlement']

Case Brief

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Procedural Posture

Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division, in a Residential Building Dispute / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appellants were denied an opportunity to be heard because they did not lodge evidence or appear at the Tribunal hearing after alleged settlement communications.' 'Whether the parties reached an oral or written agreement settling the Tribunal proceedings before the hearing.' "Whether it was impossible for the appellants to comply with the Tribunal's order to provide a plumbing certificate."]

Ratio Decidendi

The appeal was dismissed because there was no evidence of an oral settlement, the written communications showed a counter-offer rejected by the builder rather than an agreement, the builder had ample time to serve its hearing material and was responsible for ensuring it could attend the telephone hearing, and there was no evidence that providing the plumbing certificate was impossible.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']