Love v CTTT & Anor [2007] NSWSC 596

Love v CTTT & Anor [2007] NSWSC 596

The appeal failed because the only issue litigated was defects and the Tribunal's determination was based on the plaintiff’s failure to discharge the onus of proof on that issue. The alleged errors of law were either immaterial or outside the scope allowed by section 67 of the Act. There was no satisfactory explanation for delay in appealing, and no merit in the appeal, so an extension of time was not granted.

Jurisdiction
Australia
Judgment Date
14 June 2007
Procedural Posture
Appeal / Judgment on Appeal and Application for Extension of Time
Outcome
Appeal dismissed
Legal Topics
['residential Building Work' 'contractual Changes' 'appeal Procedure' 'extension of Time' 'onus of Proof']
['contract' 'building and Construction Law'] ['residential Building Work' 'contractual Changes' 'appeal Procedure' 'extension of Time' 'onus of Proof']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal and Application for Extension of Time

Legal Issues

  1. 1 ['Whether the Tribunal erred on a pure question of law under section 67 of the Consumer, Trader & Tenancy Tribunal Act 2001 (NSW)' 'Whether findings were made without supporting evidence' 'Whether there was sufficient basis to extend time for appeal']

Ratio Decidendi

The appeal failed because the only issue litigated was defects and the Tribunal's determination was based on the plaintiff’s failure to discharge the onus of proof on that issue. The alleged errors of law were either immaterial or outside the scope allowed by section 67 of the Act. There was no satisfactory explanation for delay in appealing, and no merit in the appeal, so an extension of time was not granted.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal fails.' 'The proceedings are dismissed.' 'The plaintiff is to pay the costs of the proceedings.' 'The exhibits may be returned.']