Access Housing Pty Ltd ACN 065902936 v Rayfield [2017] NSWCATAP 4

Access Housing Pty Ltd ACN 065902936 v Rayfield [2017] NSWCATAP 4

The Tribunal did not err in law in its treatment of expert evidence, in its assessment that demolition was necessary and reasonable given the evidence, or in its handling of procedural fairness; thus, the appeal is dismissed.

Parties
Appellant: Access Housing Pty Ltd; Respondent: Christopher Rayfield; Respondent: Becky Rayfield
Jurisdiction
Australia
Judgment Date
06 January 2017
Procedural Posture
Appeal / Tribunal Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Breach of Statutory Warranty, Defective Work, Damages Assessment, Procedural Fairness, Admissibility of Expert Evidence
Home Building Civil Procedure Breach of Statutory Warranty Defective Work Damages Assessment Procedural Fairness Admissibility of Expert Evidence

Case Brief

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Parties

Access Housing Pty Ltd

Appellant

Christopher Rayfield

Respondent

Becky Rayfield

Respondent

Procedural Posture

Appeal / Tribunal Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal erred in excluding director's evidence as expert evidence
  2. 2 Whether the measure of damages was consistent with Bellgrove v Eldridge (1954) 90 CLR 613
  3. 3 Whether there was denial of procedural fairness concerning evidence and late service

Ratio Decidendi

The Tribunal did not err in law in its treatment of expert evidence, in its assessment that demolition was necessary and reasonable given the evidence, or in its handling of procedural fairness; thus, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appellant is to pay the respondents' costs as taxed or agreed