Shankar v Hills Developments Pty Ltd [2020] NSWCATAP 217

Shankar v Hills Developments Pty Ltd [2020] NSWCATAP 217

The appeal was dismissed because the defective work and certificate grounds had not been litigated at first instance and could not be raised for the first time on appeal, the repudiation ground had been expressly abandoned in the appellants' written submissions and was not properly challenged in the Notice of Appeal, and the late adjournment application was refused due to delay, prejudice, lack of explanation, inadequate compensation for wasted preparation, and lack of realistic prospects of success.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 From a Consumer and Commercial Division Home Building Dispute Decision / Appeal Panel Decision
Outcome
The appeal is dismissed.
Legal Topics
['repudiation of Contract' 'termination of Contract' 'defective Work' 'statutory Warranties' 'points Not Taken at Hearing' 'adjournment of Appeal']
['home Building' 'contract Law' 'civil Procedure' 'appeals'] ['repudiation of Contract' 'termination of Contract' 'defective Work' 'statutory Warranties' 'points Not Taken at Hearing' 'adjournment of Appeal']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 From a Consumer and Commercial Division Home Building Dispute Decision / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appellants could raise on appeal a defective work claim that was not litigated before the Tribunal at first instance.' 'Whether the appellants could raise on appeal a claim concerning failure to provide certificates that was not in issue before the Tribunal at first instance.' 'Whether the Tribunal erred in relation to repudiation or termination of the Contract.' 'Whether the appeal should be adjourned to allow the appellants to pursue a challenge not raised in the Notice of Appeal.']

Ratio Decidendi

The appeal was dismissed because the defective work and certificate grounds had not been litigated at first instance and could not be raised for the first time on appeal, the repudiation ground had been expressly abandoned in the appellants' written submissions and was not properly challenged in the Notice of Appeal, and the late adjournment application was refused due to delay, prejudice, lack of explanation, inadequate compensation for wasted preparation, and lack of realistic prospects of success.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']