Lane v Bloc Constructions (NSW) Pty Ltd [2021] NSWCATAP 114

Lane v Bloc Constructions (NSW) Pty Ltd [2021] NSWCATAP 114

The appellant failed to provide sufficient evidence to support his claim for loss of rent, did not comply with procedural directions regarding the service of evidence, and failed to establish denial of procedural fairness or error of law. The Tribunal was correct to reject late evidence as it would cause unfairness to the respondent, and no error was found in the original dismissal of the claim.

Parties
Appellant: Roger Lee Lane; Respondent: Bloc Constructions (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
05 May 2021
Procedural Posture
Appeal / Appeal Determination
Outcome
Appeal dismissed.
Legal Topics
Home Building Act 1989 (nsw), Statutory Warranty, Damages, Loss of Rent, Admission of Evidence, Procedural Fairness
Building and Construction Home Building Act 1989 (nsw) Statutory Warranty Damages Loss of Rent Admission of Evidence Procedural Fairness

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Roger Lee Lane

Appellant

Bloc Constructions (NSW) Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing appellant’s claim for loss of rent due to breach of statutory warranties under the Home Building Act 1989 (NSW)
  2. 2 Whether the Tribunal erred in refusing to accept evidence not previously served
  3. 3 Whether there was denial of procedural fairness

Ratio Decidendi

The appellant failed to provide sufficient evidence to support his claim for loss of rent, did not comply with procedural directions regarding the service of evidence, and failed to establish denial of procedural fairness or error of law. The Tribunal was correct to reject late evidence as it would cause unfairness to the respondent, and no error was found in the original dismissal of the claim.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.