Homeark Constructions v Hillside Excavations [2014] NSWCATAP 77

Homeark Constructions v Hillside Excavations [2014] NSWCATAP 77

The Tribunal correctly refused to set aside its previous decision because the appellant failed to comply with procedural directions and did not adequately explain its absence or failure to provide evidence; however, by agreement of the parties, the amount paid by the appellant was $21,850.00, not $18,000.00, requiring variation of the order to reflect a reduced balance owing.

Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Tribunal Appeal / Appeal Against Refusal to Set Aside Earlier Decision
Outcome
Appeal allowed in part; variation of amount payable; otherwise dismissed.
Legal Topics
['set Aside Applications' 'non Compliance With Directions' 'explanation for Non Attendance']
['administrative Law' 'building and Construction'] ['set Aside Applications' 'non Compliance With Directions' 'explanation for Non Attendance']

Case Brief

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Procedural Posture

Tribunal Appeal / Appeal Against Refusal to Set Aside Earlier Decision

Legal Issues

  1. 1 ['Whether Tribunal erred in refusing to set aside previous decision due to non-attendance and non-compliance with directions' 'Whether the sum found as paid by the appellant was incorrect']

Ratio Decidendi

The Tribunal correctly refused to set aside its previous decision because the appellant failed to comply with procedural directions and did not adequately explain its absence or failure to provide evidence; however, by agreement of the parties, the amount paid by the appellant was $21,850.00, not $18,000.00, requiring variation of the order to reflect a reduced balance owing.

Court Disposition

Appeal allowed in part; variation of amount payable; otherwise dismissed.

Orders

  • ["The appellant has leave to appeal the Tribunal's decision of 27 June 2014 in relation to whether the order made 6 May 2014 should be set aside or varied, by reason of the amount allowed as paid." 'The appeal in relation to the issue identified is allowed.' 'Order 1 of the Tribunal made 6 May 2014 is varied by...