Bardon v Occhiuto Enterprises Pty Ltd [2016] NSWCATAP 191
The consent orders constituted a full and final settlement of the contract and works; only work itemised in the work order was to be undertaken. The evidence supported compliance by the respondent, the appellant raised no new cognisable claim for compensation under statutory warranties, and no error of law or fundamental miscarriage of justice was established.
- Parties
- Appellant: Lois Bardon; Respondent: Occhiuto Enterprises Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 26 August 2016
- Procedural Posture
- Civil Appeal / Final Decision
- Outcome
- appeal dismissed
- Legal Topics
- Home Renovations, Breach of Contract, Statutory Warranties, Renewal of Proceedings, Consent Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Lois Bardon
Appellant
Occhiuto Enterprises Pty Ltd
Respondent
Procedural Posture
Civil Appeal / Final Decision
Legal Issues
- 1 Whether the consent orders covered all aspects of the bathroom renovation agreement or only specified items
- 2 Whether the respondent breached obligations under the consent orders
- 3 Whether the appellant was entitled to compensation or further orders upon renewal
Ratio Decidendi
The consent orders constituted a full and final settlement of the contract and works; only work itemised in the work order was to be undertaken. The evidence supported compliance by the respondent, the appellant raised no new cognisable claim for compensation under statutory warranties, and no error of law or fundamental miscarriage of justice was established.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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