El Howot v Moss [2018] NSWCATAP 173

El Howot v Moss [2018] NSWCATAP 173

Extension of time to appeal is refused as appellant did not provide sufficient explanation for delay and offered unsupported evidence regarding absence from last known address; prospects of success are very low given the substantive weaknesses in appellant's case regarding personal liability and use of a deregistered company. The appeal and application to set aside or vary the Tribunal's decision are dismissed. Special circumstances warrant an order for appellant to pay respondent's costs.

Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Appeal / Final Determination
Outcome
Appeal dismissed; application for extension of time refused; appellant ordered to pay respondent's costs
Legal Topics
['extension of Time for Appeal' 'personal Liability Under Contract' 'costs in Home Building Disputes' 'deregistered Company as Contracting Party']
['construction Law' 'commercial Law'] ['extension of Time for Appeal' 'personal Liability Under Contract' 'costs in Home Building Disputes' 'deregistered Company as Contracting 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

Appeal / Final Determination

Legal Issues

  1. 1 ['Whether appellant provided adequate explanation for delay in lodging appeal' 'Whether appellant is personally liable under contract for home building works' 'Whether special circumstances exist for awarding costs' 'Whether proper party to contract was deregistered company']

Ratio Decidendi

Extension of time to appeal is refused as appellant did not provide sufficient explanation for delay and offered unsupported evidence regarding absence from last known address; prospects of success are very low given the substantive weaknesses in appellant's case regarding personal liability and use of a deregistered company. The appeal and application to set aside or vary the Tribunal's decision are dismissed. Special circumstances warrant an order for appellant to pay respondent's costs.

Court Disposition

Appeal dismissed; application for extension of time refused; appellant ordered to pay respondent's costs

Orders

  • ['Extension of time to lodge appeal under sec 41 Civil and Administrative Tribunal Act 2013 is refused' 'Appeal is dismissed' 'Application to set aside or vary the decision of the Tribunal is dismissed' "Appellant to pay Respondent's cost of the appeal on the ordinary basis"]