Yu trading as Ebenesel Landscapes v Kong & Cha [2024] NSWCATAP 76

Yu trading as Ebenesel Landscapes v Kong & Cha [2024] NSWCATAP 76

The Appeal Panel found there was no error on a question of law established in the Tribunal's factual findings regarding the cash payment, variations, or refusal to make a work order. The Tribunal's conclusions were not unfair, not against the weight of the evidence, and no substantial miscarriage of justice was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 May 2024
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
['appeals' 'deposits' 'building Contracts' 'variations' 'rectification of Defective Work']
['building and Construction' 'consumer Law'] ['appeals' 'deposits' 'building Contracts' 'variations' 'rectification of Defective Work']

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding the owners paid $6,594 to the builder on the basis of an ATM receipt' "Whether the Tribunal erred in calculating variations and dismissing the builder's claim for additional payment" 'Whether the Tribunal should have made a work order for rectification under s48MA of the Home Building Act 1989 (NSW)']

Ratio Decidendi

The Appeal Panel found there was no error on a question of law established in the Tribunal's factual findings regarding the cash payment, variations, or refusal to make a work order. The Tribunal's conclusions were not unfair, not against the weight of the evidence, and no substantial miscarriage of justice was demonstrated. The appeal was dismissed as no grounds justified interference.

Court Disposition

Appeal dismissed

Orders

  • ['Time for filing the Notice of Appeal is extended to 4 October 2023.' 'The appeal is dismissed.']