Ferntree Homes Pty Ltd v Bernleitner [2023] NSWCATAP 169

Ferntree Homes Pty Ltd v Bernleitner [2023] NSWCATAP 169

The Appeal Panel found no error of law or inadequacy of reasons in the Tribunal decision; the builder did not make a relevant jurisdictional point at first instance, reasons were sufficient, and leave to appeal was refused as there was no substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
26 June 2023
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
['appeal' 'adequacy of Reasons' 'leave to Appeal' 'jurisdiction' 'damages for Defective Work']
['building and Construction Law' 'consumer Law'] ['appeal' 'adequacy of Reasons' 'leave to Appeal' 'jurisdiction' 'damages for Defective Work']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether Tribunal failed to provide adequate reasons for findings' 'Whether Tribunal erred in awarding damages against the builder' 'Whether Tribunal should have made a money order instead of a work order' 'Whether builder suffered a substantial miscarriage of justice' 'Whether leave to appeal should be granted']

Ratio Decidendi

The Appeal Panel found no error of law or inadequacy of reasons in the Tribunal decision; the builder did not make a relevant jurisdictional point at first instance, reasons were sufficient, and leave to appeal was refused as there was no substantial miscarriage of justice.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • ['The stay of the decision made on 14 October 2022 in HB 21/31536 is lifted.' 'Leave to appeal is refused.' 'Appeal dismissed.' 'If a party wishes to bring a costs application, it must be lodged and served within 14 days attaching or referring to supporting documents.' 'The costs respondent has 14 days after receipt...