Amirbeaggi v Matrix Group Co Pty Ltd [2021] NSWCA 21

Amirbeaggi v Matrix Group Co Pty Ltd [2021] NSWCA 21

The argument sought to be made on appeal was not raised in the Local Court, and there was no error by the primary judge in refusing leave to appeal on that basis; costs orders were justified as there was no identified error or injustice.

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application for leave to appeal refused
Legal Topics
['appeals' 'home Warranty Insurance' 'stay of Enforcement' 'costs Orders']
['civil Procedure' 'building and Construction'] ['appeals' 'home Warranty Insurance' 'stay of Enforcement' 'costs Orders']

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

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether primary judge erred in refusing leave to appeal on ground not advanced before magistrate' 'Whether s 94 of Home Building Act operated as a barrier to enforcement of judgment' 'Whether indemnity costs order was erroneous']

Ratio Decidendi

The argument sought to be made on appeal was not raised in the Local Court, and there was no error by the primary judge in refusing leave to appeal on that basis; costs orders were justified as there was no identified error or injustice.

Court Disposition

Application for leave to appeal refused

Orders

  • ['Refuse the application for leave to appeal from each of the judgments of Johnson J in the Common Law Division of 30 June 2020 and 29 July 2020.' "Order that the applicants pay the respondent's costs in this Court, assessed on the ordinary basis."]