Godfrey v Carsille Pty Limited & Anor [2007] NSWSC 837

Godfrey v Carsille Pty Limited & Anor [2007] NSWSC 837

Leave to appeal out of time was refused because the plaintiff's explanation for the four month delay was unsatisfactory and the appeal was found to be an afterthought. In any event, even if leave had been granted, no error of law was shown: the Tribunal had evidence on which it could accept Carsille's position that the relevant plumbing had been replaced to the point of entry to the room, and even assuming breach of a contractual stipulation, the remedy was damages; on the expert evidence accepted by the Tribunal that the small amount of existing copper piping was necessary and would function properly, it was open to find no damage and decline to order rectification.

Jurisdiction
Australia
Judgment Date
06 August 2007
Procedural Posture
Application for Leave to Appeal Out of Time From Consumer Trader and Tenancy Tribunal Decision and for Relief in the Nature of Certiorari, Declarations, Quashing Orders, Rehearing or Remitter / Summons Filed 6 September 2006 Determined in the Supreme Court of New South Wales, Common Law Division, Administrative Law List
Outcome
Application for leave to appeal refused; summons dismissed; plaintiff ordered to pay the defendant's costs as agreed or assessed.
Legal Topics
['appeal From Consumer Trader and Tenancy Tribunal' 'leave to Appeal Out of Time' 'error of Law' 'jurisdictional Limits on Judicial Review' 'bathroom Renovation Works' 'copper Piping' 'electrical Wiring and Conduit']
['administrative Law' 'consumer and Trader Tribunal Appeals' 'building and Construction'] ['appeal From Consumer Trader and Tenancy Tribunal' 'leave to Appeal Out of Time' 'error of Law' 'jurisdictional Limits on Judicial Review' 'bathroom Renovation Works' 'copper Piping' 'electrical Wiring and Conduit']

Case Brief

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Procedural Posture

Application for Leave to Appeal Out of Time From Consumer Trader and Tenancy Tribunal Decision and for Relief in the Nature of Certiorari, Declarations, Quashing Orders, Rehearing or Remitter / Summons Filed 6 September 2006 Determined in the Supreme Court of New South Wales, Common Law Division, Administrative Law List

Legal Issues

  1. 1 ['Whether leave should be granted for an extension of time to appeal from the Consumer Trader and Tenancy Tribunal orders made on 15 March 2006.' 'Whether the Tribunal made an error of law in dismissing claims concerning removal of copper piping and electrical conduit in the bathroom renovation works.' 'Whether the Tribunal erred by considering functionality of the piping and the cost of rectification when determining the claim.']

Ratio Decidendi

Leave to appeal out of time was refused because the plaintiff's explanation for the four month delay was unsatisfactory and the appeal was found to be an afterthought. In any event, even if leave had been granted, no error of law was shown: the Tribunal had evidence on which it could accept Carsille's position that the relevant plumbing had been replaced to the point of entry to the room, and even assuming breach of a contractual stipulation, the remedy was damages; on the expert evidence accepted by the Tribunal that the small amount of existing copper piping was necessary and would function properly, it was open to find no damage and decline to order rectification.

Court Disposition

Application for leave to appeal refused; summons dismissed; plaintiff ordered to pay the defendant's costs as agreed or assessed.

Orders

  • ['The application for leave to appeal is refused.' 'The summons filed 6 September 2006 is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]