Pinnacle Homes (NSW) P/L v Zekusic & Anor [2001] NSWSC 515

No error of law found in Tribunal’s assessment of evidence, preference of expert opinion, or application of legal principles for damages and rehearing. Tribunal decisions affirmed, appeal dismissed, costs awarded to defendants.

Jurisdiction: Australia
Judgment Date: 22 June 2001
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed; Tribunal decision affirmed; Costs to defendants.
Legal Topics: ['extension of Time to Appeal' 'tribunal Procedures' 'damages Assessment' 'rehearing Applications']

['administrative Law'] ['extension of Time to Appeal' 'tribunal Procedures' 'damages Assessment' 'rehearing Applications']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the Tribunal erred in assessment of damages for carpet and brickwork' 'Whether the Tribunal erred in refusing a rehearing' 'Whether Tribunal applied appropriate legal test for substantial injustice under s 63 Fair Trading Tribunal Act']

Ratio Decidendi

Court Disposition

Appeal dismissed; Tribunal decision affirmed; Costs to defendants.

Orders

["Plaintiff's time to appeal extended up to and including 26 October 2000." 'Decisions of Tribunal members dated 13 April 2000 and 28 September 2000 are affirmed.' 'Appeals are dismissed.' 'Further amended summons filed 18 January 2001 is dismissed.' "Plaintiff to pay first defendants' costs."]