Horvath v Heath [2018] NSWCATAP 141

Horvath v Heath [2018] NSWCATAP 141

There was no denial of procedural fairness as Mr Horvath received notice of the hearing and had the opportunity to appear or seek an adjournment but failed to do so without a satisfactory explanation. No leave ground under cl 12(1) of Schedule 4 of the NCAT Act was established, and no substantial miscarriage of justice was shown. Leave to appeal refused, appeal dismissed.

Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Appeal / Leave to Appeal Decision
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['procedural Fairness' 'internal Appeal' 'leave to Appeal' 'statutory Warranties']
['administrative Law' 'consumer Law' 'home Building'] ['procedural Fairness' 'internal Appeal' 'leave to Appeal' 'statutory Warranties']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal Decision

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness when the Tribunal proceeded in the absence of Mr Horvath' 'Whether leave to appeal should be granted based on the grounds that the decision was not fair and equitable, was against the weight of evidence, or that significant new evidence was available' 'Whether a defence under s 18F of the Home Building Act 1989 had been established']

Ratio Decidendi

There was no denial of procedural fairness as Mr Horvath received notice of the hearing and had the opportunity to appear or seek an adjournment but failed to do so without a satisfactory explanation. No leave ground under cl 12(1) of Schedule 4 of the NCAT Act was established, and no substantial miscarriage of justice was shown. Leave to appeal refused, appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.']