Samchris Pty Ltd v Keogh [2024] NSWCATAP 125

Samchris Pty Ltd v Keogh [2024] NSWCATAP 125

The Tribunal made no material error of law in finding the builder responsible for preventing stormwater ingress under contract and statutory warranties; there was evidence supporting the findings. Contractual defenses (including reliance on owner's plans and Option B variation) did not absolve the builder. Leave to appeal on factual grounds was refused as no substantial miscarriage of justice was demonstrated.

Jurisdiction
Australia
Judgment Date
28 June 2024
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed, leave to appeal refused.
Legal Topics
['appeals' 'statutory Warranties' 'building Disputes' 'home Building Act 1989 (nsw)']
['building and Construction' 'consumer Law'] ['appeals' 'statutory Warranties' 'building Disputes' 'home Building Act 1989 (nsw)']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether Tribunal made an error of law as to builder's responsibility for ingress of surface water" 'Whether Tribunal failed to determine if liability under Home Building Act 1989 (NSW) was excluded by contract clauses' 'Whether leave to appeal should be granted']

Ratio Decidendi

The Tribunal made no material error of law in finding the builder responsible for preventing stormwater ingress under contract and statutory warranties; there was evidence supporting the findings. Contractual defenses (including reliance on owner's plans and Option B variation) did not absolve the builder. Leave to appeal on factual grounds was refused as no substantial miscarriage of justice was demonstrated.

Court Disposition

Appeal dismissed, leave to appeal refused.

Orders

  • ['Leave to appeal is refused.' 'The appeal is otherwise dismissed.' 'Order 1(a) made on 8 March 2024 is varied to substitute "the orders in appeal proceedings 2024/00126894" for "these orders".' "The appellant is to pay the respondents' costs of the appeal as agreed or assessed under the applicable costs legislation."]