Robert William Gerrie t/as JHT Building Repairs Services v Allen James Baxter [2015] NSWCATAP 168

Robert William Gerrie t/as JHT Building Repairs Services v Allen James Baxter [2015] NSWCATAP 168

The appeal panel extended the time for filing the appeal due to understandable delay and varied the orders to allow the builder the opportunity to collect goods supplied, finding that justice required such variation, while affirming the substantive findings and orders.

Jurisdiction
Australia
Judgment Date
12 August 2015
Procedural Posture
Civil Appeal / Decision on Appeal
Outcome
Appeal allowed with variation to orders
Legal Topics
['extension of Time' 'home Building' 'licensing' 'appeal Procedure']
['contract' 'consumer Law'] ['extension of Time' 'home Building' 'licensing' 'appeal Procedure']

Case Brief

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Procedural Posture

Civil Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the appeal was filed out of time' 'Whether the appellant was denied a reasonable opportunity to present evidence' 'Whether orders should be varied to allow the appellant to collect goods supplied']

Ratio Decidendi

The appeal panel extended the time for filing the appeal due to understandable delay and varied the orders to allow the builder the opportunity to collect goods supplied, finding that justice required such variation, while affirming the substantive findings and orders.

Court Disposition

Appeal allowed with variation to orders

Orders

  • ['The time for filing the appeal is extended to 15 April 2015.' 'The appeal is allowed.' 'The orders made by the Tribunal on 4 March 2015 are affirmed with exception: the payment date for $9302.00 is amended to 21 August 2015.' 'If the appellant pays $9302.00 to the respondent on or before 21 August 2015, the...