Sam Komadina t/as We Paint Pools v Kelleher [2018] NSWCATAP 3

Sam Komadina t/as We Paint Pools v Kelleher [2018] NSWCATAP 3

No denial of procedural fairness where appellant was aware of proceedings and failed to retrieve documents from correct address for service; contract evidence supported finding that respondent was appropriate party; leave to appeal refused as no substantial miscarriage of justice demonstrated.

Jurisdiction
Australia
Judgment Date
03 January 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Leave to appeal refused and appeal dismissed
Legal Topics
['procedural Fairness' 'notice Requirements' 'contract Formation' 'appeal Grounds']
['consumer Law' 'home Building Law'] ['procedural Fairness' 'notice Requirements' 'contract Formation' 'appeal Grounds']

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 Judgment

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness due to orders made in absence of contractor' 'Whether leave to appeal should be granted' 'Whether the contract for pool repair was with respondent or her partner' 'Whether service of notice was appropriately effected']

Ratio Decidendi

No denial of procedural fairness where appellant was aware of proceedings and failed to retrieve documents from correct address for service; contract evidence supported finding that respondent was appropriate party; leave to appeal refused as no substantial miscarriage of justice demonstrated.

Court Disposition

Leave to appeal refused and appeal dismissed

Orders

  • ['Leave to appeal refused' 'Appeal dismissed' 'Stay of operation of order 2 made on 2 August 2017 in HB 17/15866 is lifted' 'If either party seeks costs of the appeal, leave is granted to file and serve a short written submission within 14 days of the date of this decision' 'Leave is granted for the other party to...