Scuderi v Corfu Pools Pty Ltd [2020] NSWCATAP 62

Scuderi v Corfu Pools Pty Ltd [2020] NSWCATAP 62

Leave to appeal was refused because no question of law was identified, the proposed new evidence was not shown to have been unavailable at the first instance hearing and was not significant, and the challenged factual conclusions were reasonably open to the Tribunal. The appellants did not show that the decision was against the weight of the evidence or that any error warranted the grant of leave.

Jurisdiction
Australia
Judgment Date
17 April 2020
Procedural Posture
Internal Appeal in a Home Building Dispute Concerning Alleged Breach of Statutory Warranty / Application for Leave to Appeal and Appeal From the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal
Outcome
Leave to appeal is refused and the appeal is dismissed.
Legal Topics
['swimming Pool Paving Defects' 'statutory Warranties' 'leave to Appeal' 'appeal Against Findings of Fact' 'new Evidence' 'weight of Evidence']
['home Building' 'civil Procedure' 'consumer Law'] ['swimming Pool Paving Defects' 'statutory Warranties' 'leave to Appeal' 'appeal Against Findings of Fact' 'new Evidence' 'weight of Evidence']

Case Brief

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Procedural Posture

Internal Appeal in a Home Building Dispute Concerning Alleged Breach of Statutory Warranty / Application for Leave to Appeal and Appeal From the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted on the basis that the decision was against the weight of the evidence.' 'Whether significant new evidence had arisen within cl 12 sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal erred in failing to find that the builder breached the statutory warranty in s 18B (1) (a) of the Home Building Act 1989 (NSW) by not installing required expansion joints in the pool coping.' "Whether the Tribunal erred in failing to find that the homeowners' new concrete slab was properly designed and installed." 'Whether the Tribunal erred in relation to alleged deviations in the thickness of grouting.']

Ratio Decidendi

Leave to appeal was refused because no question of law was identified, the proposed new evidence was not shown to have been unavailable at the first instance hearing and was not significant, and the challenged factual conclusions were reasonably open to the Tribunal. The appellants did not show that the decision was against the weight of the evidence or that any error warranted the grant of leave.

Court Disposition

Leave to appeal is refused and the appeal is dismissed.

Orders

  • ['Leave to appeal is refused and the appeal is dismissed.']