Robinson v Quick Built Systems Pty Ltd [2022] NSWCATAP 192

Robinson v Quick Built Systems Pty Ltd [2022] NSWCATAP 192

The Tribunal did not err in refusing to admit the secret recording, in giving little weight to uncorroborated expert evidence, or in finding that the appellant failed to prove the panels were defective or not fit for purpose; no substantial miscarriage of justice or appealable error was established, and leave to appeal was refused due to absence of sufficient legal or factual basis.

Parties
Appellant: Isaac Robinson; Respondent: Quick Built Systems Pty Ltd
Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Internal Appeal (ncat) / Appeal Panel Disposition
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Home Building Disputes, Leave to Appeal, Procedural Fairness, Expert Evidence, NCAT Procedure, Surveillance Devices Act Application
Administrative Law Consumer Law Building and Construction Law Home Building Disputes Leave to Appeal Procedural Fairness Expert Evidence NCAT Procedure +1 more

Case Brief

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Parties

Isaac Robinson

Appellant

Quick Built Systems Pty Ltd

Respondent

Procedural Posture

Internal Appeal (ncat) / Appeal Panel Disposition

Legal Issues

  1. 1 Whether leave to appeal should be granted in the absence of transcript or sound recording from the Tribunal hearing
  2. 2 Whether the Tribunal erred in refusing to admit a secret audio recording as evidence
  3. 3 Whether appellant proved the supplied panels were defective or not fit for purpose

Ratio Decidendi

The Tribunal did not err in refusing to admit the secret recording, in giving little weight to uncorroborated expert evidence, or in finding that the appellant failed to prove the panels were defective or not fit for purpose; no substantial miscarriage of justice or appealable error was established, and leave to appeal was refused due to absence of sufficient legal or factual basis.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal refused
  • Appeal dismissed