Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210

Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210

The appeal was dismissed and leave to appeal refused because the Tribunal had proper regard to s 48MA, provided procedural fairness, did not err in accepting late evidence which did not prejudice the Appellant, and expressly considered and rejected the Appellant's defences and evidence, including under s 18F. No error of law or basis for leave was made out.

Jurisdiction
Australia
Judgment Date
13 September 2018
Procedural Posture
Appeal / Decision on Appeal and Application for Leave to Appeal
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['home Building Act—work Orders and Preferred Remedies' 'admission of Late Evidence' 'defences Under Home Building Act S18 F' 'leave to Appeal—miscarriage of Justice']
['building and Construction' 'consumer Law'] ['home Building Act—work Orders and Preferred Remedies' 'admission of Late Evidence' 'defences Under Home Building Act S18 F' 'leave to Appeal—miscarriage of Justice']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred in not making a work order per s 48MA of the Home Building Act 1989 (NSW)' 'Whether the Tribunal erred in allowing late evidence from the Respondents' 'Whether the Tribunal failed to consider defences and relevant evidence put by the Appellant, including s 18F' "Whether leave to appeal should be granted based on weight given to affidavit evidence and preference for the Respondents' expert report"]

Ratio Decidendi

The appeal was dismissed and leave to appeal refused because the Tribunal had proper regard to s 48MA, provided procedural fairness, did not err in accepting late evidence which did not prejudice the Appellant, and expressly considered and rejected the Appellant's defences and evidence, including under s 18F. No error of law or basis for leave was made out.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • ['Appeal dismissed.' 'Leave to appeal refused.' "The stay of order (2) of the Tribunal's orders of 12 June 2018 in matter HB 17/22725 is lifted."]