Mick Fabar Constructions Pty Ltd v Mitchell and Anr [2014] NSWCATAP 121

The Appeal Panel found no errors of law in the Tribunal's reasoning or orders, determined the applicant did not suffer a substantial miscarriage of justice, and that the decisions made were not against the weight of evidence. Accordingly, leave to appeal was refused and the appeal dismissed.

Jurisdiction: Australia
Judgment Date: 01 December 2014
Procedural Posture: Appeal / Application for Leave to Appeal and Appeal Determination
Outcome: Application for leave to appeal dismissed; Appeal dismissed; Order confirmed
Legal Topics: ['error of Law' 'substantial Miscarriage of Justice' 'procedural Fairness' 'statutory Warranty' 'weight of Evidence']

['building and Construction Law' 'administrative Law'] ['error of Law' 'substantial Miscarriage of Justice' 'procedural Fairness' 'statutory Warranty' 'weight of Evidence']

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

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

1 ['Whether Tribunal committed error of law in findings relating to kitchen bench top, floor tiles, building rubble, and painting work' 'Whether substantial miscarriage of justice occurred' 'Whether Tribunal denied procedural fairness by refusing leave for legal representation']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed; Appeal dismissed; Order confirmed

Orders

['Application for leave to appeal dismissed' 'The appeal is dismissed' 'The Order made by the Tribunal on 8 May 2014 is confirmed']