TCM Construction Group Pty Ltd v Neich [2024] NSWCATAP 4

TCM Construction Group Pty Ltd v Neich [2024] NSWCATAP 4

The appeal was dismissed as no error of law was found in the Tribunal's reasoning or orders; evidentiary preference for one expert over another was within Tribunal's discretion, and relevant standards did not apply as contended by the appellant. Leave to appeal was refused as none of the grounds required by the Civil & Administrative Tribunal Act 2013 (NSW) or articulated in Collins v Urban [2014] NSWCATAP 17 were satisfied.

Jurisdiction
Australia
Judgment Date
08 January 2024
Procedural Posture
Appeal / Final Determination
Outcome
Appeal dismissed, leave to appeal refused
Legal Topics
['defective Workmanship' 'remedial Orders' 'appeal' 'expert Evidence']
['building and Construction' 'consumer Law'] ['defective Workmanship' 'remedial Orders' 'appeal' 'expert Evidence']

Case Brief

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Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred in making orders requiring the appellant to remedy defective work' 'Whether a question of law arises warranting leave to appeal' 'Whether Tribunal applied the correct standards and tolerances for building defects' "Whether the Tribunal's acceptance of expert evidence was legally erroneous"]

Ratio Decidendi

The appeal was dismissed as no error of law was found in the Tribunal's reasoning or orders; evidentiary preference for one expert over another was within Tribunal's discretion, and relevant standards did not apply as contended by the appellant. Leave to appeal was refused as none of the grounds required by the Civil & Administrative Tribunal Act 2013 (NSW) or articulated in Collins v Urban [2014] NSWCATAP 17 were satisfied.

Court Disposition

Appeal dismissed, leave to appeal refused

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.']