Kwiatek v Elite Services (Aust) Pty Ltd [2021] NSWCATAP 80

Kwiatek v Elite Services (Aust) Pty Ltd [2021] NSWCATAP 80

The evidence did not establish any breach of contract by the respondent as the repairs performed were consistent with the limited scope of work agreed, and there was insufficient evidence, including lack of expert testimony and detail, to prove defective work or resulting loss. Consequently, no substantial miscarriage of justice was established, procedural fairness was afforded, and leave to appeal was refused.

Parties
Appellant: Harold Kwiatek; Respondent: Elite Services (Aust) Pty Ltd
Jurisdiction
Australia
Judgment Date
30 March 2021
Procedural Posture
Appeal / Leave to Appeal Application and Disposition of Appeal
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Breach of Contract, Implied Warranties, Procedural Fairness
Contract Law Building and Construction Breach of Contract Implied Warranties Procedural Fairness

Case Brief

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Parties

Harold Kwiatek

Appellant

Elite Services (Aust) Pty Ltd

Respondent

Procedural Posture

Appeal / Leave to Appeal Application and Disposition of Appeal

Legal Issues

  1. 1 Whether procedural fairness was afforded at first instance
  2. 2 What were the terms of the contract between the parties
  3. 3 Whether the respondent breached the contract

Ratio Decidendi

The evidence did not establish any breach of contract by the respondent as the repairs performed were consistent with the limited scope of work agreed, and there was insufficient evidence, including lack of expert testimony and detail, to prove defective work or resulting loss. Consequently, no substantial miscarriage of justice was established, procedural fairness was afforded, and leave to appeal was refused.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal is refused and the appeal is dismissed.