Baltinos v Hodge & Ors [2003] NSWSC 1163

Baltinos v Hodge & Ors [2003] NSWSC 1163

The evidence before the Senior Member supported his findings on the contract price, lack of undue delay, unsustained allegations of fraud, and the cause of incomplete or defective works being the plaintiff's expulsion of the builder, not error of law or denial of procedural fairness. No reversible error was demonstrated, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
09 December 2003
Procedural Posture
Appeal / Judgment in Supreme Court on Appeal From CTTT
Outcome
Appeal dismissed; amended summons dismissed; Tribunal decision affirmed; plaintiff to pay defendants' costs.
Legal Topics
['residential Building Claim' 'stay of Proceedings' 'appeal From Tribunal Decision' 'contractual Disputes' 'consumer Law']
['administrative Law' 'building and Construction Law'] ['residential Building Claim' 'stay of Proceedings' 'appeal From Tribunal Decision' 'contractual Disputes' 'consumer Law']

Case Brief

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Procedural Posture

Appeal / Judgment in Supreme Court on Appeal From CTTT

Legal Issues

  1. 1 ['Whether there was an error of law by the Tribunal' 'Whether denial of procedural fairness occurred' 'Whether Senior Member erred in failing to consider breaches of statutory provisions' 'Whether the evidence supported findings on contract price, delay, and defects']

Ratio Decidendi

The evidence before the Senior Member supported his findings on the contract price, lack of undue delay, unsustained allegations of fraud, and the cause of incomplete or defective works being the plaintiff's expulsion of the builder, not error of law or denial of procedural fairness. No reversible error was demonstrated, so the appeal was dismissed.

Court Disposition

Appeal dismissed; amended summons dismissed; Tribunal decision affirmed; plaintiff to pay defendants' costs.

Orders

  • ['The appeal is dismissed.' "The plaintiff's amended summons dated 10 September 2003 is dismissed." 'The decision of Senior Member Phillipps dated 5 June 2003 is affirmed.' "The plaintiff is to pay the defendants' costs as agreed or assessed."]