Impressive Builders Pty Ltd v Cleary [2021] NSWCATAP 331

Impressive Builders Pty Ltd v Cleary [2021] NSWCATAP 331

The Appeal Panel held that no error of law occurred in the Tribunal's decision; procedural fairness was afforded, as the builder was clearly advised of the opportunity to provide expert evidence; the Tribunal exercised its discretion appropriately, having regard to the breakdown of relationship and evidence before it, and was justified in making a compensation order rather than requiring rectification; leave to appeal was refused as no substantial miscarriage of justice was established under Sch 4, cl 12 of the Civil and Administrative Tribunal Act 2013 (NSW).

Parties
Appellant: Impressive Builders Pty Ltd; First Respondent: Glenn Cleary; Second Respondent: Amanda Cleary
Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Internal Appeal / Decision on Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Appeals, Home Building Disputes, Procedural Fairness, Rectification of Defective Work
Building and Construction Administrative Law Appeals Home Building Disputes Procedural Fairness Rectification of Defective Work

Case Brief

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Parties

Impressive Builders Pty Ltd

Appellant

Glenn Cleary

First Respondent

Amanda Cleary

Second Respondent

Procedural Posture

Internal Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under Sch 4, cl 12 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether there was an error of law in the Tribunal's decision
  3. 3 Whether there was procedural fairness in the proceedings

Ratio Decidendi

The Appeal Panel held that no error of law occurred in the Tribunal's decision; procedural fairness was afforded, as the builder was clearly advised of the opportunity to provide expert evidence; the Tribunal exercised its discretion appropriately, having regard to the breakdown of relationship and evidence before it, and was justified in making a compensation order rather than requiring rectification; leave to appeal was refused as no substantial miscarriage of justice was established under Sch 4, cl 12 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal is refused.
  • The appeal is otherwise dismissed.