Nationwide Builders Pty Ltd v Saunders [2019] NSWCATAP 190

Nationwide Builders Pty Ltd v Saunders [2019] NSWCATAP 190

The Appeal Panel refused an extension of time and leave to appeal because the appeal was filed after the expiry of the relevant time period, the appellant gave an unsatisfactory explanation for the delay, the alleged new expert evidence could reasonably have been obtained before the Tribunal hearing, the appellant had made a forensic decision not to obtain its own expert report before the hearing, the appeal lacked merit, and granting the appeal would prejudice the respondents. Costs were ordered because special circumstances existed, including the out-of-time appeal, lack of merit, inadequate explanation and supporting evidence for delay, and conduct of the proceedings that disadvantaged...

Jurisdiction
Australia
Judgment Date
06 May 2019
Procedural Posture
Internal Appeal in a Home Building Claim / Application for Extension of Time and Leave to Appeal
Outcome
Leave to extend time for the appeal was refused, leave to appeal was refused, the appellant was ordered to pay costs, and the appeal was otherwise dismissed.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'significant New Evidence' 'weight of Evidence' 'building Defects' 'costs in Tribunal Appeals']
['home Building' 'civil Procedure' 'costs'] ['extension of Time to Appeal' 'leave to Appeal' 'significant New Evidence' 'weight of Evidence' 'building Defects' 'costs in Tribunal Appeals']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal in a Home Building Claim / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether time should be extended for the appellant to lodge the appeal filed outside the 28 day period required by r 25 of the Civil and Administrative Tribunal Rules 2014 (NSW).' 'Whether leave to appeal should be granted on the basis of alleged significant new evidence not reasonably available at the time of the Tribunal hearing.' 'Whether special circumstances warranted a costs order against the appellant.']

Ratio Decidendi

The Appeal Panel refused an extension of time and leave to appeal because the appeal was filed after the expiry of the relevant time period, the appellant gave an unsatisfactory explanation for the delay, the alleged new expert evidence could reasonably have been obtained before the Tribunal hearing, the appellant had made a forensic decision not to obtain its own expert report before the hearing, the appeal lacked merit, and granting the appeal would prejudice the respondents. Costs were ordered because special circumstances existed, including the out-of-time appeal, lack of merit, inadequate explanation and supporting evidence for delay, and conduct of the proceedings that disadvantaged...

Court Disposition

Leave to extend time for the appeal was refused, leave to appeal was refused, the appellant was ordered to pay costs, and the appeal was otherwise dismissed.

Orders

  • ['Leave to extend time for the Appeal is refused.' 'Leave to Appeal is refused.' "The appellant is to pay the respondent's costs of $391.06 immediately." 'The Appeal is otherwise dismissed.']