Aksan v Godfrey [2022] NSWCATAP 338

Aksan v Godfrey [2022] NSWCATAP 338

The Tribunal did not err because the expert, Mr Moroney, acted according to the consent order by signing off that the remedial works were completed to the applicable building standards, and appellants failed to demonstrate legal error or grounds for challenge under binding legal principles.

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Appeal / Final Decision
Outcome
Appeal dismissed
Legal Topics
['home Building Dispute' 'tribunal Powers' 'expert Determination' 'consent Order' 'completion of Works' 'challenge to Expert Determination']
['building and Construction'] ['home Building Dispute' 'tribunal Powers' 'expert Determination' 'consent Order' 'completion of Works' 'challenge to Expert Determination']

Case Brief

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Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 ['Whether Tribunal erred in accepting expert sign-off that work was completed to building standards under consent order']

Ratio Decidendi

The Tribunal did not err because the expert, Mr Moroney, acted according to the consent order by signing off that the remedial works were completed to the applicable building standards, and appellants failed to demonstrate legal error or grounds for challenge under binding legal principles.

Court Disposition

Appeal dismissed

Orders

  • ['Andrea Aksan is joined as a party to the appeal.' 'The appeal is dismissed.' 'If any party desires to make an application for costs of the appeal: that party is to inform the other party of that application within 14 days of the date of this decision; the applicant for costs is to lodge with the Appeal Registry...