Sayed & Anor v Suncorp Metway Insurance & Ors [2002] NSWSC 1003

There was evidence before the Tribunal upon which the findings could be based, and no error of law has been identified justifying disturbance of the finding. The appeal is dismissed.

Jurisdiction: Australia
Judgment Date: 28 October 2002
Procedural Posture: Appeal / Judgment on Appeal
Outcome: Summons dismissed
Legal Topics: ['appeal From Tribunal' 'statutory Warranties' 'repudiation of Contract' 'findings of Fact' 'error of Law']

['insurance Law' 'building and Construction Law' 'civil Procedure'] ['appeal From Tribunal' 'statutory Warranties' 'repudiation of Contract' 'findings of Fact' 'error of Law']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

1 ['Whether the Tribunal erred in finding the plaintiffs repudiated the building contract' 'Whether there was an error of law justifying appeal intervention']

Ratio Decidendi

There was evidence before the Tribunal upon which the findings could be based, and no error of law has been identified justifying disturbance of the finding. The appeal is dismissed.

Court Disposition

Summons dismissed

Orders

['The Summons is dismissed.' 'The plaintiffs are to pay the costs of the Summons.']