EMG Stone Pty Ltd v Gonda [2021] NSWCATAP 259

EMG Stone Pty Ltd v Gonda [2021] NSWCATAP 259

The appeal was dismissed because the applicant failed to raise any error of law or demonstrate that the Tribunal’s findings were against the weight of evidence or not fair and equitable, and no substantial miscarriage of justice was shown. The Tribunal’s fact-finding process was orthodox, supported by evidence, and there was no reason to disturb the findings.

Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Appeal / Leave to Appeal and Merits of Appeal From Tribunal Decision
Outcome
Leave to appeal refused; appeal dismissed; stay order set aside.
Legal Topics
['internal Appeals' 'home Building Claims' 'weight of Evidence' 'findings of Fact' 'tribunal Procedure']
['civil Procedure' 'consumer Law'] ['internal Appeals' 'home Building Claims' 'weight of Evidence' 'findings of Fact' 'tribunal Procedure']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Merits of Appeal From Tribunal Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred in finding that the 'acceptance of work' was signed before work was completed" 'Whether the Tribunal erred in finding the work was performed by EMG in an unacceptable manner' 'Whether decision was against weight of evidence or not fair and equitable' 'Whether a substantial miscarriage of justice occurred']

Ratio Decidendi

The appeal was dismissed because the applicant failed to raise any error of law or demonstrate that the Tribunal’s findings were against the weight of evidence or not fair and equitable, and no substantial miscarriage of justice was shown. The Tribunal’s fact-finding process was orthodox, supported by evidence, and there was no reason to disturb the findings.

Court Disposition

Leave to appeal refused; appeal dismissed; stay order set aside.

Orders

  • ['Leave to appeal is refused.' 'To the extent then required, the appeal is dismissed.' 'The stay order is set aside from the date of these orders.']