Bartel v Ryan [2018] NSWCATAP 231

Bartel v Ryan [2018] NSWCATAP 231

The Tribunal did not deny the Builder procedural fairness; the Builder was represented by counsel, had opportunity to give evidence, filed relevant notations, and raised no further arguments at hearing. The appeals on law failed; factual matters did not warrant leave as no substantial injustice was shown. The Tribunal's findings were open based on the evidence and no basis for interfering with primary findings arose.

Parties
Appellant: Peter Bartel; Respondent: Catherine Ryan
Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed. Leave to appeal refused. Extension of time granted for filing notice of appeal.
Legal Topics
Procedural Fairness, Interpretation of Contract, Leave to Appeal, Costs, Appeal Out of Time
Building and Construction Civil Procedure Procedural Fairness Interpretation of Contract Leave to Appeal Costs Appeal Out of Time

Case Brief

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Parties

Peter Bartel

Appellant

Catherine Ryan

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in denying procedural fairness to the Builder regarding evidence on notations to Scott Schedule
  2. 2 Whether the Tribunal erred at law in adjusting the amount payable by the Builder to the Owner concerning direct payments/credits under the contract
  3. 3 Whether the Tribunal erred in awarding damages for specific items not forming part of the building contract

Ratio Decidendi

The Tribunal did not deny the Builder procedural fairness; the Builder was represented by counsel, had opportunity to give evidence, filed relevant notations, and raised no further arguments at hearing. The appeals on law failed; factual matters did not warrant leave as no substantial injustice was shown. The Tribunal's findings were open based on the evidence and no basis for interfering with primary findings arose.

Court Disposition

Appeal dismissed. Leave to appeal refused. Extension of time granted for filing notice of appeal.

Orders

  • Extend the time in which to file the Notice of Appeal to 15 June 2018
  • Appeal dismissed