Goldstone v Fountain [2015] NSWCATAP 258

Goldstone v Fountain [2015] NSWCATAP 258

The Appeal Panel was satisfied that the Tribunal adequately considered the three issues raised by the appellant and that no question of law arose. The appellant did not show that the Tribunal's decision was not fair and equitable, was against the weight of evidence, or that significant new evidence had arisen, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 December 2015
Procedural Posture
Internal Appeal in Home Building Dispute / Application for Extension of Time, Appeal as of Right on Question of Law, and Application for Leave to Appeal Before the Appeal Panel
Outcome
Time for filing the notice of appeal extended; application for leave to appeal refused; appeal otherwise dismissed; order appealed from confirmed; no order as to costs.
Legal Topics
['question of Law' 'leave to Appeal' 'substantial Miscarriage of Justice' 'failure to Consider Evidence' 'liquidated Damages' 'overpayment' 'completion Costs' 'special Circumstances for Costs']
['civil and Administrative Tribunal' 'home Building' 'appeals' 'costs'] ['question of Law' 'leave to Appeal' 'substantial Miscarriage of Justice' 'failure to Consider Evidence' 'liquidated Damages' 'overpayment' 'completion Costs' 'special Circumstances for Costs']

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Procedural Posture

Internal Appeal in Home Building Dispute / Application for Extension of Time, Appeal as of Right on Question of Law, and Application for Leave to Appeal Before the Appeal Panel

Legal Issues

  1. 1 ["Whether the appeal raised any question of law by alleging that the Tribunal failed to consider the appellant's evidence on liquidated damages, overpayment and completion costs." 'Whether leave to appeal should be granted on the basis that the appellant may have suffered a substantial miscarriage of justice.' 'Whether time for filing the notice of appeal should be extended.' 'Whether there were special circumstances warranting an order for costs of the appeal.']

Ratio Decidendi

The Appeal Panel was satisfied that the Tribunal adequately considered the three issues raised by the appellant and that no question of law arose. The appellant did not show that the Tribunal's decision was not fair and equitable, was against the weight of evidence, or that significant new evidence had arisen, and therefore did not establish that he may have suffered a substantial miscarriage of justice. Leave to appeal was refused and the appeal was otherwise dismissed. Although the notice of appeal was filed outside time, the delay was less than a week and justice required an extension. No costs order was warranted because the unsuccessful appeal and volume of documents did not amount...

Court Disposition

Time for filing the notice of appeal extended; application for leave to appeal refused; appeal otherwise dismissed; order appealed from confirmed; no order as to costs.

Orders

  • ['The time for filing the notice of appeal is extended to 5 September 2014.' 'The application for leave to appeal is refused.' 'The appeal is otherwise dismissed.' 'The order appealed from is confirmed.' 'There is no order as to costs.']