Li v MACD Developments Pty Ltd [2015] NSWCATAP 287

Li v MACD Developments Pty Ltd [2015] NSWCATAP 287

The appeal failed because the Tribunal's findings were based on assessments of fact, not errors of law. The matching of tiles 'as closely as possible' required comparison to cleaned tiles, not their uncleaned state, and the gutter defect was caused solely by the architect's design, thus relieving the builder of liability under clause 43.2(a) of the contract. No error of law was found and leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
31 December 2015
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
leave to appeal refused, appeal dismissed
Legal Topics
['leave to Appeal' 'builder Liability' 'defective Design' 'construction of Contract Specification']
['contract Law' 'construction Law' 'consumer Law'] ['leave to Appeal' 'builder Liability' 'defective Design' 'construction of Contract Specification']

Case Brief

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Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred in construing the term 'existing tiles' in the contract for matching roof tiles" 'Whether the Tribunal erred in finding clause 43.2(a) of the contract relieved the builder of liability for gutter defect' 'Whether losses in connection with tile and gutter defects were incorrectly estimated']

Ratio Decidendi

The appeal failed because the Tribunal's findings were based on assessments of fact, not errors of law. The matching of tiles 'as closely as possible' required comparison to cleaned tiles, not their uncleaned state, and the gutter defect was caused solely by the architect's design, thus relieving the builder of liability under clause 43.2(a) of the contract. No error of law was found and leave to appeal was refused.

Court Disposition

leave to appeal refused, appeal dismissed

Orders

  • ['Leave to appeal is refused.' 'The appeal is otherwise dismissed.' 'Any application for costs is to be filed and served within 14 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application.' 'The party against whom any...