Jethsons Pty Ltd v Ly [2023] NSWCATAP 97

Jethsons Pty Ltd v Ly [2023] NSWCATAP 97

The Builder was aware of the proceedings, important documents were being sent to its registered office, it knew of the 23 December 2022 hearing date through the respondent's email, and it had no reasonable explanation for failing to attend or protect its interests. The Builder was afforded a reasonable opportunity to respond, no procedural unfairness was established, and the leave grounds under clause 12 of Schedule 4 were not made out.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Internal Appeal in Home Building Proceedings / Appeal From a Consumer and Commercial Division Money Order; Leave to Appeal Refused and Appeal Dismissed
Outcome
To the extent leave to appeal was required, leave was refused; the appeal was dismissed.
Legal Topics
['procedural Fairness' 'question of Law' 'leave to Appeal' 'non Appearance at Hearing' 'service of Notices on Corporation' 'defective Tiling Work' 'money Order']
['administrative Law' 'civil Procedure' 'consumer and Commercial' 'home Building'] ['procedural Fairness' 'question of Law' 'leave to Appeal' 'non Appearance at Hearing' 'service of Notices on Corporation' 'defective Tiling Work' 'money Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal in Home Building Proceedings / Appeal From a Consumer and Commercial Division Money Order; Leave to Appeal Refused and Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Tribunal's decision made in the Builder's absence involved procedural unfairness or denial of a reasonable opportunity to be heard." 'Whether the appeal raised a question of law.' 'Whether leave to appeal should be granted on the basis of a substantial miscarriage of justice because the decision was not fair and equitable, was against the weight of evidence, or significant new evidence had arisen.' 'Whether the Builder had a reasonable explanation for failing to attend the hearing on 23 December 2022.']

Ratio Decidendi

The Builder was aware of the proceedings, important documents were being sent to its registered office, it knew of the 23 December 2022 hearing date through the respondent's email, and it had no reasonable explanation for failing to attend or protect its interests. The Builder was afforded a reasonable opportunity to respond, no procedural unfairness was established, and the leave grounds under clause 12 of Schedule 4 were not made out.

Court Disposition

To the extent leave to appeal was required, leave was refused; the appeal was dismissed.

Orders

  • ['To the extent that leave to appeal was required, leave is refused.' 'The appeal is dismissed.']