Dabous v Dannoun [2024] NSWCATAP 265

Dabous v Dannoun [2024] NSWCATAP 265

The appellant did not provide the required transcript or recording of the hearing at first instance, preventing the Appeal Panel from determining the alleged errors or miscarriages of justice. Settlement as between the appellant and first respondent required dismissal of that aspect of the appeal. Leave to appeal against the second respondent was refused as the conditions for granting leave were not met.

Parties
Appellant: Feras Dabous; First Respondent: Mohammad Dannoun; Second Respondent: Khaled Khabbout
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Appeal / Hearing and Final Orders
Outcome
Appeal dismissed
Legal Topics
Internal Appeal, Settlement Agreement, Leave to Appeal, Fresh Evidence, Work Orders, Procedural Fairness
Administrative Law Consumer Law Building and Construction Internal Appeal Settlement Agreement Leave to Appeal Fresh Evidence Work Orders +1 more

Case Brief

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Parties

Feras Dabous

Appellant

Mohammad Dannoun

First Respondent

Khaled Khabbout

Second Respondent

Procedural Posture

Appeal / Hearing and Final Orders

Legal Issues

  1. 1 Whether the Tribunal failed to properly assess evidence of financial mismanagement and non-compliance with payment plan
  2. 2 Whether execution of major design variations without council approval was overlooked, leading to unlawful construction and financial loss
  3. 3 Whether Tribunal failed to include critical defects in work order

Ratio Decidendi

The appellant did not provide the required transcript or recording of the hearing at first instance, preventing the Appeal Panel from determining the alleged errors or miscarriages of justice. Settlement as between the appellant and first respondent required dismissal of that aspect of the appeal. Leave to appeal against the second respondent was refused as the conditions for granting leave were not met.

Court Disposition

Appeal dismissed

Orders

  • The appeal against Mohammad Dannoun is dismissed pursuant to section 55(1)(a) of the Civil and Administrative Tribunal Act 2013 on the basis of the Settlement Agreement.
  • Leave to appeal on Ground of Appeal 2 against Khaled Khabbout is refused.