Perfax Builders Pty Ltd v Narain [2020] NSWCATAP 252

Perfax Builders Pty Ltd v Narain [2020] NSWCATAP 252

Perfax did not establish any ground for leave to appeal. The Tribunal reasonably preferred the evidence of Ms Narain's expert over Perfax's, and the exclusion of post-hearing evidence was correct as it could have been obtained with reasonable diligence before the hearing. No substantial miscarriage of justice was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Internal Appeal / Decision on Leave to Appeal
Outcome
leave to appeal refused; appeal dismissed
Legal Topics
['appeals' 'tribunal Procedure' 'major Defects' 'expert Evidence']
['building and Construction' 'consumer Law'] ['appeals' 'tribunal Procedure' 'major Defects' 'expert Evidence']

Source-derived case record

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

Internal Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 ['whether the tribunal decision was against the weight of evidence' 'whether the exclusion of evidence caused a substantial miscarriage of justice' 'whether new evidence justified leave to appeal' "whether identified defects constituted 'major defects' under Home Building Act"]

Ratio Decidendi

Perfax did not establish any ground for leave to appeal. The Tribunal reasonably preferred the evidence of Ms Narain's expert over Perfax's, and the exclusion of post-hearing evidence was correct as it could have been obtained with reasonable diligence before the hearing. No substantial miscarriage of justice was demonstrated.

Court Disposition

leave to appeal refused; appeal dismissed

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.' 'The stay order made on 3 September 2020 in matter HB 19/35235 is lifted.' 'The time for compliance with order 1 made on 23 July 2020 in matter HB 19/35235 is extended to 24 December 2020.']