Precise Builders (NSW) Pty Ltd v Jones & Krel [2018] NSWCATAP 112

Precise Builders (NSW) Pty Ltd v Jones & Krel [2018] NSWCATAP 112

Leave to appeal was refused and the appeal dismissed because the Builder did not establish any error of law or discretionary error in the Tribunal's application of s 48MA. The work order did not require the Builder to perform work it was not licensed to perform, because it allowed the Builder to procure properly licensed contractors to undertake the remedial work. The matters relied on by the Builder did not show that it may have suffered a substantial miscarriage of justice or that there was a sufficient basis to depart from the preferred outcome of rectification by the responsible party.

Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Internal Appeal in a Home Building Claim Concerning a Work Order for Remedial Residential Building Work / Appeal Panel Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed; stay lifted; work order varied as to time for completion.
Legal Topics
['statutory Warranties' 'defective Residential Building Work' 'work Orders' 'leave to Appeal' 'substantial Miscarriage of Justice' 'rectification by Responsible Party']
['home Building' 'civil and Administrative Tribunal Appeals'] ['statutory Warranties' 'defective Residential Building Work' 'work Orders' 'leave to Appeal' 'substantial Miscarriage of Justice' 'rectification by Responsible Party']

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

Internal Appeal in a Home Building Claim Concerning a Work Order for Remedial Residential Building Work / Appeal Panel Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from a Consumer and Commercial Division home building decision.' 'Whether the Tribunal erred in applying s 48MA of the Home Building Act 1989 (NSW) by making a work order rather than a money order.' 'Whether the work order improperly required the Builder to perform work it was not licensed to perform.' 'Whether the Builder may have suffered a substantial miscarriage of justice because the decision was not fair and equitable or was against the weight of evidence.']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the Builder did not establish any error of law or discretionary error in the Tribunal's application of s 48MA. The work order did not require the Builder to perform work it was not licensed to perform, because it allowed the Builder to procure properly licensed contractors to undertake the remedial work. The matters relied on by the Builder did not show that it may have suffered a substantial miscarriage of justice or that there was a sufficient basis to depart from the preferred outcome of rectification by the responsible party.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted; work order varied as to time for completion.

Orders

  • ['Leave to appeal is refused.' 'Appeal dismissed.' 'The stay on the operation of the orders granted on 7 December 2017 is lifted.' 'Order 2 is varied so as to require that the works in Order 1 be concluded no later than 10 weeks after the date of these orders.']