Thacker v Bonham [2017] NSWCATAP 217

Thacker v Bonham [2017] NSWCATAP 217

Given the contract had not been terminated and the evidence before the primary member did not contradict the making of a work order, the appeal grounds failed; the exercise of discretion under s 48MA to make a work order was within the range of reasonable outcomes; no error of law or substantial miscarriage of justice was established.

Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Appeal / Decision of Appeal Panel
Outcome
Appeal dismissed
Legal Topics
['error in Evidence' 'discretion on Remedy' 'works Order' 'work Orders Under S 48 MA Home Building Act']
['home Building' 'consumer Law'] ['error in Evidence' 'discretion on Remedy' 'works Order' 'work Orders Under S 48 MA Home Building Act']

Case Brief

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Procedural Posture

Appeal / Decision of Appeal Panel

Legal Issues

  1. 1 ['Whether the primary member erred in making a work order based on incomplete evidence of the settlement agreement' 'Whether the decision was fair and equitable given the evidence before the Tribunal' 'Whether significant new evidence justified a different outcome on appeal' 'Whether error of law was made for failing to take into account or provide adequate reasons regarding the settlement agreement']

Ratio Decidendi

Given the contract had not been terminated and the evidence before the primary member did not contradict the making of a work order, the appeal grounds failed; the exercise of discretion under s 48MA to make a work order was within the range of reasonable outcomes; no error of law or substantial miscarriage of justice was established.

Court Disposition

Appeal dismissed

Orders

  • ['Grant extension of time for filing of the appeal to and including 4 August 2017.' 'The appeal is dismissed.' "The stay on orders 2, 4, 5, and 6 made on 6 July 2017 is lifted upon publication of these reasons and order 5 is varied: 'The works are to be completed no later than three months after date of publication...