Long v Antoun’s Concrete Pumping Pty Ltd [2019] NSWCATAP 56

Long v Antoun’s Concrete Pumping Pty Ltd [2019] NSWCATAP 56

Leave to appeal is refused and the appeal dismissed, as no appellable error or substantial miscarriage of justice was demonstrated. The Senior Member's findings were open on the evidence; Metromix alone liable for rectification of colour mismatch (not for cracks), Antoun and his company not in contractual relationship or liable for defective works, and costs properly ordered to successful respondents.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Leave to appeal is refused and appeal dismissed.
Legal Topics
['appeals From Consumer and Commercial Division' 'statutory Warranties' 'remedies for Defective Goods' 'costs in Tribunal Proceedings']
['consumer Law' 'contract Law' 'building and Construction'] ['appeals From Consumer and Commercial Division' 'statutory Warranties' 'remedies for Defective Goods' 'costs in Tribunal Proceedings']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against Tribunal decision' 'Whether appellant suffered substantial miscarriage of justice' 'Liability for defects in concrete driveway (colour and cracks)' 'Existence of contractual relationship between appellant and respondents' 'Appropriate remedy for colour mismatch in driveway']

Ratio Decidendi

Leave to appeal is refused and the appeal dismissed, as no appellable error or substantial miscarriage of justice was demonstrated. The Senior Member's findings were open on the evidence; Metromix alone liable for rectification of colour mismatch (not for cracks), Antoun and his company not in contractual relationship or liable for defective works, and costs properly ordered to successful respondents.

Court Disposition

Leave to appeal is refused and appeal dismissed.

Orders

  • ['Leave to appeal is refused and the appeal is dismissed.' 'Costs are reserved with liberty to apply which must be exercised within one month of this date.' 'The work order made on 30 October 2018 is varied to allow rectification of driveway surface as described, should appellant so elect in writing to Metromix...