Laus v Kukreti [2023] NSWCATAP 46

Laus v Kukreti [2023] NSWCATAP 46

Leave to appeal was refused as no error of law was identified, no substantial miscarriage of justice was demonstrated, and the appellant failed to meet the criteria required for leave under the Act. The Tribunal’s factual findings and reliance on the available evidence were justified and disclosed no legal, factual, or procedural defect warranting appellate intervention.

Parties
Appellant: Jason Laus; First Respondent: Pervinder Kaur Kukreti; Second Respondent: Ratan Lal Kukreti
Jurisdiction
Australia
Judgment Date
20 February 2023
Procedural Posture
Appeal / Leave to Appeal and Substantive Appeal Determination
Outcome
Leave to appeal refused; appeal dismissed; stay lifted.
Legal Topics
Appeal, Leave to Appeal, Rectification Orders, Defective Building Work
Administrative Law Consumer Law Building and Construction Appeal Leave to Appeal Rectification Orders Defective Building Work

Case Brief

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Parties

Jason Laus

Appellant

Pervinder Kaur Kukreti

First Respondent

Ratan Lal Kukreti

Second Respondent

Procedural Posture

Appeal / Leave to Appeal and Substantive Appeal Determination

Legal Issues

  1. 1 Whether leave to appeal should be granted under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether the decision of the Tribunal was not fair and equitable or against the weight of evidence
  3. 3 Responsibility for rectification of defective waterproofing in a bathroom

Ratio Decidendi

Leave to appeal was refused as no error of law was identified, no substantial miscarriage of justice was demonstrated, and the appellant failed to meet the criteria required for leave under the Act. The Tribunal’s factual findings and reliance on the available evidence were justified and disclosed no legal, factual, or procedural defect warranting appellate intervention.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted.

Orders

  • Leave to appeal refused.
  • Appeal otherwise dismissed.