GWH Build Pty Ltd v The Owners Strata Plan 96788 [2021] NSWCATAP 388

GWH Build Pty Ltd v The Owners Strata Plan 96788 [2021] NSWCATAP 388

The Appellant's refusal of the 6 August 2020 offer was unreasonable; the Tribunal's finding was reasonably open. No error of law, nor error against the weight of evidence, nor manifest injustice occurred. Leave to appeal was refused and the appeal dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 December 2021
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused. Appeal dismissed.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'appeals' 'work Orders' 'rectification of Defects']
['costs'] ['indemnity Costs' 'offer of Compromise' 'appeals' 'work Orders' 'rectification of Defects']

Source-derived case record

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred in awarding indemnity costs from 7 August 2020' 'Whether refusal of offer constituted unreasonable conduct warranting indemnity costs' 'Whether leave to appeal should be granted']

Ratio Decidendi

The Appellant's refusal of the 6 August 2020 offer was unreasonable; the Tribunal's finding was reasonably open. No error of law, nor error against the weight of evidence, nor manifest injustice occurred. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused. Appeal dismissed.

Orders

  • ['To the extent that it was required, leave to appeal is refused.' 'The appeal is dismissed.' "The respondent is to serve and lodge written submissions in respect of any application as to the costs of the appeal within 14 days of the publication of these reasons and the appellant is to serve and lodge any written...