Kong Crete Pty Ltd v Molter [2018] NSWCATAP 219

Kong Crete Pty Ltd v Molter [2018] NSWCATAP 219

No error of law or denial of procedural fairness was established, as the Tribunal acted within its powers after finding the builder had been duly notified. The claim to retain the deposit as out-of-pocket expenses failed both contractually and due to non-compliance with statutory contract requirements under the Home Building Act 1989 (NSW). No grounds for leave to appeal or miscarriage of justice were identified.

Jurisdiction
Australia
Judgment Date
18 September 2018
Procedural Posture
Home Building Dispute Appeal / Final Determination by Appeal Panel
Outcome
Appeal dismissed; leave to appeal on non-law grounds refused
Legal Topics
['procedural Fairness' 'appeal Grounds' 'home Building Contract Requirements']
['administrative Law' 'building and Construction Law'] ['procedural Fairness' 'appeal Grounds' 'home Building Contract Requirements']

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

Home Building Dispute Appeal / Final Determination by Appeal Panel

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness to the appellant builder' "Whether the builder was entitled to retain deposit for alleged 'out of pocket expenses' or loss of profits" 'Whether the necessary statutory contract requirements under the Home Building Act 1989 (NSW) were met']

Ratio Decidendi

No error of law or denial of procedural fairness was established, as the Tribunal acted within its powers after finding the builder had been duly notified. The claim to retain the deposit as out-of-pocket expenses failed both contractually and due to non-compliance with statutory contract requirements under the Home Building Act 1989 (NSW). No grounds for leave to appeal or miscarriage of justice were identified.

Court Disposition

Appeal dismissed; leave to appeal on non-law grounds refused

Orders

  • ['Leave is refused for the appellant to appeal on grounds other than questions of law.' 'The appeal is dismissed.']