Falzon v Lockrey [2023] NSWCATAP 32

Falzon v Lockrey [2023] NSWCATAP 32

The Tribunal's reasons on jurisdiction were inadequate, but on rehearing the Appeal Panel was satisfied that the bathroom and toilet renovation was carried out under a single contract constituting residential building work and that the Tribunal had jurisdiction under s 48K of the Home Building Act 1989 (NSW). The appellant did not establish that extraneous material was received and relied on, or that procedural fairness was denied. The Tribunal considered s 48MA and gave sufficient reasons for making a money order under s 48O rather than a work order, and was not required to take into account the appellant's fraud allegations. The appellant did not satisfy the leave criteria in Sch 4, cl...

Jurisdiction
Australia
Judgment Date
06 February 2023
Procedural Posture
Internal Appeal in a Home Building Dispute / Appeal Panel Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['internal Appeals' 'leave to Appeal' 'jurisdiction of Ncat' 'adequacy of Reasons' 'procedural Fairness' 'extraneous Material' 'exercise of Discretion' 'statutory Warranties' 'residential Building Work']
['administrative Law' 'home Building and Construction' 'civil Procedure'] ['internal Appeals' 'leave to Appeal' 'jurisdiction of Ncat' 'adequacy of Reasons' 'procedural Fairness' 'extraneous Material' 'exercise of Discretion' 'statutory Warranties' 'residential Building Work']

Case Brief

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Procedural Posture

Internal Appeal in a Home Building Dispute / Appeal Panel Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to provide proper reasons in deciding its jurisdiction.' 'Whether the Tribunal had jurisdiction to hear and determine the proceedings.' 'Whether the Tribunal failed to afford procedural fairness to the builder.' 'Whether the Tribunal took into account extraneous material.' "Whether the Tribunal's discretion miscarried in making a money order rather than a work order." 'Whether leave to appeal should be granted.']

Ratio Decidendi

The Tribunal's reasons on jurisdiction were inadequate, but on rehearing the Appeal Panel was satisfied that the bathroom and toilet renovation was carried out under a single contract constituting residential building work and that the Tribunal had jurisdiction under s 48K of the Home Building Act 1989 (NSW). The appellant did not establish that extraneous material was received and relied on, or that procedural fairness was denied. The Tribunal considered s 48MA and gave sufficient reasons for making a money order under s 48O rather than a work order, and was not required to take into account the appellant's fraud allegations. The appellant did not satisfy the leave criteria in Sch 4, cl...

Court Disposition

Leave to appeal refused; appeal otherwise dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is otherwise dismissed.']