Pedonese v McRae [2016] NSWCATAP 101

Pedonese v McRae [2016] NSWCATAP 101

The appeal was allowed by consent. Parties agreed that the Respondent would remediate the work as directed, in addition to further detailed conditions, and the Respondent would pay the cost of the third party expert.

Jurisdiction
Australia
Judgment Date
10 May 2016
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed by consent; original orders varied
Legal Topics
['defective Workmanship' 'flooring' 'tribunal Appeal']
['administrative Law' 'consumer Law'] ['defective Workmanship' 'flooring' 'tribunal Appeal']

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ["Whether the Tribunal's initial decision was just and equitable" 'Whether new evidence not available at the time justified a different order' 'Whether the original decision was against the weight of the evidence']

Ratio Decidendi

The appeal was allowed by consent. Parties agreed that the Respondent would remediate the work as directed, in addition to further detailed conditions, and the Respondent would pay the cost of the third party expert.

Court Disposition

Appeal allowed by consent; original orders varied

Orders

  • ['The Respondent will return and carry out work as per the work order issued by the Tribunal on 26 November 2016' 'The Respondent will dismantle and re-erect a kitchen island bench' 'The Respondent will disconnect and reconnect all water and power using licensed tradesmen' 'The Respondent will agree to the Appellant...