Cui v Lin [2023] NSWCATAP 17

Cui v Lin [2023] NSWCATAP 17

No question of law or substantial miscarriage of justice identified; new evidence not reasonably unavailable at first hearing; no clear error or injustice; leave to appeal refused and appeal otherwise dismissed.

Parties
First Appellant: Tongxin Cui; Second Appellant: Sydney Keystone Constructions Pty Ltd; Respondent: Wen Tsan Lin
Jurisdiction
Australia
Judgment Date
01 February 2023
Procedural Posture
Appeal / Leave to Appeal and Merit Review
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Leave to Appeal, Tribunal Appeals, Home Building Contract Dispute, Admission of New Evidence, Repudiation of Contract
Tribunal Procedure Contract Law Home Building Leave to Appeal Tribunal Appeals Home Building Contract Dispute Admission of New Evidence Repudiation of Contract

Case Brief

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Parties

Tongxin Cui

First Appellant

Sydney Keystone Constructions Pty Ltd

Second Appellant

Wen Tsan Lin

Respondent

Procedural Posture

Appeal / Leave to Appeal and Merit Review

Legal Issues

  1. 1 Whether leave to appeal should be granted from Tribunal's decision
  2. 2 Whether a question of law has arisen
  3. 3 Whether the Tribunal erred in findings regarding payment directions and contract variation

Ratio Decidendi

No question of law or substantial miscarriage of justice identified; new evidence not reasonably unavailable at first hearing; no clear error or injustice; leave to appeal refused and appeal otherwise dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal is refused.
  • The appeal is otherwise dismissed.