Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29

Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29

The application for leave to appeal was dismissed because the appellant did not satisfy any of the grounds under cl 12(1) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW); specifically, there was no substantial miscarriage of justice as the decision was not unfair or inequitable, nor against the weight of evidence, and no significant new evidence unavailable at the original hearing was established.

Jurisdiction
Australia
Judgment Date
26 June 2014
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal is dismissed. To the extent necessary the appeal is dismissed. Appellant to pay respondent's costs of the application for leave to appeal. Liberty to apply within 14 days for reconsideration of the costs order.
Legal Topics
['statutory Warranties' 'limitation Periods' 'jurisdiction of Tribunal' 'breach of Statutory Warranties' 'leave to Appeal' 'new Evidence on Appeal']
['administrative Law' 'building and Construction Law'] ['statutory Warranties' 'limitation Periods' 'jurisdiction of Tribunal' 'breach of Statutory Warranties' 'leave to Appeal' 'new Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under clause 12(1) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW).' "Whether the Tribunal's decision not fair and equitable, against the weight of the evidence, or if significant new evidence has arisen." 'When the building work was completed for limitation and jurisdictional purposes under the Home Building Act 1989 (NSW).']

Ratio Decidendi

The application for leave to appeal was dismissed because the appellant did not satisfy any of the grounds under cl 12(1) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW); specifically, there was no substantial miscarriage of justice as the decision was not unfair or inequitable, nor against the weight of evidence, and no significant new evidence unavailable at the original hearing was established.

Court Disposition

Application for leave to appeal is dismissed. To the extent necessary the appeal is dismissed. Appellant to pay respondent's costs of the application for leave to appeal. Liberty to apply within 14 days for reconsideration of the costs order.

Orders

  • ['The application for leave to appeal is dismissed.' 'To the extent necessary, the appeal is dismissed.' "The appellant is to pay the respondent's costs of the application for leave to appeal." 'The parties have liberty, if they wish to do so, to apply within 14 days of the date of these orders to have the costs...