MJH Built Pty Ltd v Robinson [2020] NSWCATAP 133

MJH Built Pty Ltd v Robinson [2020] NSWCATAP 133

The Appeal Panel held that no error of law or misapplication of the onus of proof was made by the Tribunal; the Tribunal's findings on credibility, expert evidence, and quantum were reasonably open; and the appellant failed to establish any ground warranting leave or substantive appeal. The appeal was dismissed and the stay order lifted.

Jurisdiction
Australia
Judgment Date
07 July 2020
Procedural Posture
Internal Appeal / Decision on Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal refused; Appeal dismissed
Legal Topics
['onus of Proof' 'appeals' 'home Building Defects' 'credibility of Witnesses' 'costs']
['civil Procedure' 'home Building'] ['onus of Proof' 'appeals' 'home Building Defects' 'credibility of Witnesses' 'costs']

Case Brief

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Procedural Posture

Internal Appeal / Decision on Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the Tribunal misapplied the onus of proof to the homeowner regarding defects and rectification' 'Whether the Tribunal made errors of law in accepting expert evidence and determining credit of witnesses' 'Whether leave to appeal should be granted on specific grounds concerning findings of defect, quantum, and costs']

Ratio Decidendi

The Appeal Panel held that no error of law or misapplication of the onus of proof was made by the Tribunal; the Tribunal's findings on credibility, expert evidence, and quantum were reasonably open; and the appellant failed to establish any ground warranting leave or substantive appeal. The appeal was dismissed and the stay order lifted.

Court Disposition

Leave to appeal refused; Appeal dismissed

Orders

  • ['Leave to appeal is refused' 'The appeal is dismissed' 'The stay order made 10 October 2019 is lifted' 'The Registry is directed to pay the monies held in trust to the respondent immediately' 'The respondent is to provide to the Appeal Panel and the appellant, submissions and documents in relation to any...