Harrison v Riley [2019] NSWCATAP 31

Harrison v Riley [2019] NSWCATAP 31

There was no error in the Member's conclusion based on the objectively available evidence that Mr Harrison personally was the contracting party; there was evidence supporting the finding that the work was not performed with due care and skill. No question of law or substantial miscarriage of justice was established warranting leave to appeal or setting aside the original orders.

Jurisdiction
Australia
Judgment Date
25 January 2019
Procedural Posture
Appeal / Leave to Appeal and Merits Determination by Appeal Panel
Outcome
Leave to appeal refused; Appeal dismissed; Orders below for payment varied as to the time for compliance.
Legal Topics
['contracting Parties' 'due Care and Skill in Work' 'evidence in Commercial Disputes' 'leave to Appeal' 'miscarriage of Justice']
['consumer Law' 'contract Law'] ['contracting Parties' 'due Care and Skill in Work' 'evidence in Commercial Disputes' 'leave to Appeal' 'miscarriage of Justice']

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Procedural Posture

Appeal / Leave to Appeal and Merits Determination by Appeal Panel

Legal Issues

  1. 1 ['Whether the correct contracting party was Roy Harrison personally or his company' 'Whether the work (installation of vinyl plank flooring) was carried out with due care and skill' 'Whether there was an error of law or substantial miscarriage of justice warranting leave to appeal']

Ratio Decidendi

There was no error in the Member's conclusion based on the objectively available evidence that Mr Harrison personally was the contracting party; there was evidence supporting the finding that the work was not performed with due care and skill. No question of law or substantial miscarriage of justice was established warranting leave to appeal or setting aside the original orders.

Court Disposition

Leave to appeal refused; Appeal dismissed; Orders below for payment varied as to the time for compliance.

Orders

  • ['Leave to appeal is refused.' 'The Appeal is dismissed.' 'The orders made on 18 July 2018 as amended on 30 August 2018 are varied to delete the words "on or before 18 August 2018" and substitute the words "within 28 days of the date of these orders".']