Deutsch Services Pty Ltd v Apex Bespoke Pty Ltd [2024] NSWCATAP 193

Deutsch Services Pty Ltd v Apex Bespoke Pty Ltd [2024] NSWCATAP 193

DSPL failed to demonstrate any error by the Tribunal nor provide evidence of submissions seeking transfer of Apex's claim; in absence of evidence, leave to appeal was refused as no substantial injustice or doubt in the original orders was established.

Source-derived case information.

Parties
Appellant: Deutsch Services Pty Ltd; Respondent: Apex Bespoke Pty Ltd
Jurisdiction
Australia
Judgment Date
03 October 2024
Procedural Posture
Appeal / Leave to Appeal Refused
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Transfer of Proceedings, Jurisdiction of Tribunal, Home Building Act
Civil Procedure Building and Construction Leave to Appeal Transfer of Proceedings Jurisdiction of Tribunal Home Building Act

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Parties

Deutsch Services Pty Ltd

Appellant

Apex Bespoke Pty Ltd

Respondent

Procedural Posture

Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 Whether Tribunal erred in refusing to transfer Apex's claim to Supreme Court together with cross-claim
  2. 2 Whether leave to appeal should be granted against interlocutory decision
  3. 3 Whether separation of proceedings causes prejudice or inconsistent findings

Ratio Decidendi

DSPL failed to demonstrate any error by the Tribunal nor provide evidence of submissions seeking transfer of Apex's claim; in absence of evidence, leave to appeal was refused as no substantial injustice or doubt in the original orders was established.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused.
  • Apex Bespoke Pty Ltd to file and serve any costs submissions within 14 days.