Greg and Maria Rippon v Coastal Pole Homes Pty Ltd [2014] NSWCATCD 108

Greg and Maria Rippon v Coastal Pole Homes Pty Ltd [2014] NSWCATCD 108

Submissions in reply from the applicants, even if considered, would not have impacted the outcome or reasons for the Tribunal’s original decision regarding liability, rectification costs or costs orders. Application for consequential relief under s.53 is refused and the original decision is affirmed without variation.

Parties
Applicants: Greg and Maria Rippon; Respondent: Coastal Pole Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Application to Reconsider Tribunal Decision / Reconsideration Following Original Decision
Outcome
Original decision affirmed without variation; application for reconsideration refused
Legal Topics
Reconsideration of Tribunal Decision, Rectification Costs, Procedural Irregularity, Costs Orders
Civil Procedure Reconsideration of Tribunal Decision Rectification Costs Procedural Irregularity Costs Orders

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Parties

Greg and Maria Rippon

Applicants

Coastal Pole Homes Pty Ltd

Respondent

Procedural Posture

Application to Reconsider Tribunal Decision / Reconsideration Following Original Decision

Legal Issues

  1. 1 Whether section 53 of the Civil and Administrative Tribunal Act 2013 allows reconsideration of applicants’ submissions in reply
  2. 2 Whether omission of submissions in reply impacted Tribunal’s decision or orders

Ratio Decidendi

Submissions in reply from the applicants, even if considered, would not have impacted the outcome or reasons for the Tribunal’s original decision regarding liability, rectification costs or costs orders. Application for consequential relief under s.53 is refused and the original decision is affirmed without variation.

Court Disposition

Original decision affirmed without variation; application for reconsideration refused

Orders

  • The decision handed down on 31 December 2013 is affirmed without variation.
  • Application for relief under s.53 refused.