PUPO and ANOR (t/as PUPO BUILDERS AND DECORATORS) v BUILDERS LICENSING BOARD [1996] NSWCA 416

PUPO and ANOR (t/as PUPO BUILDERS AND DECORATORS) v BUILDERS LICENSING BOARD [1996] NSWCA 416

The appellants failed to demonstrate that the trial judge did not accord them natural justice or failed to properly consider the defences genuinely pressed. The judge took reasonable steps to clarify and deal with all issues raised by the self-represented parties, and the defences not supported by evidence required no further determination.

Parties
Appellant: Francesco Pupo; Appellant: Saverio Pupo; Respondent: Builders Licensing Board
Jurisdiction
Australia
Judgment Date
13 September 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Natural Justice, Builders Licensing, Right to Recover Compensation, Procedural Fairness, Technical Defences
Administrative Law Natural Justice Builders Licensing Right to Recover Compensation Procedural Fairness Technical Defences

Case Brief

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Parties

Francesco Pupo

Appellant

Saverio Pupo

Appellant

Builders Licensing Board

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether trial judge failed to give due consideration to defences pleaded
  2. 2 Whether trial judge erred in treating certain defences as having been abandoned
  3. 3 Whether appellants were denied natural justice

Ratio Decidendi

The appellants failed to demonstrate that the trial judge did not accord them natural justice or failed to properly consider the defences genuinely pressed. The judge took reasonable steps to clarify and deal with all issues raised by the self-represented parties, and the defences not supported by evidence required no further determination.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay the respondent's costs