PUPO and ANOR (t/as PUPO BUILDERS AND DECORATORS) v BUILDERS LICENSING BOARD [1996] NSWCA 416

PUPO and ANOR (t/as PUPO BUILDERS AND DECORATORS) v BUILDERS LICENSING BOARD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY ACJ, CLARKE JA and GILES AJA 13 September 1996, 13 September 1996 [1996] NSWCA 416

NATURAL JUSTICE — WHETHER TRIAL JUDGE FAILED TO GIVE DUE CONSIDERATION TO DEFENCES PLEADED OR ERRED IN TREATING CERTAIN DEFENCES AS HAVING BEEN ABANDONED

Clarke JA

As long ago as February 1982 the Builders Licensing Board sued Francesco Pupo and Saverio Pupo, the appellants, in respect of moneys which the Board had paid to house owners pursuant to the provisions of the Builders Licensing Act 1971 and, in particular, s34. The statement of claim included eighteen allegations of fact including a claim that moneys had been paid to each of the four house owners in question. The appellants filed lengthy grounds of defence which had been prepared for them by a firm of solicitors in Leichhardt. Those grounds of defence were filed in May 1985. In them the appellants admitted all but five of the allegations in paral to para18 in the statement of claim. On each occasion that the assertion was made that a sum had been paid to a house owner, the appellants declined to admit the fact. They also denied an assertion that they were liable for the sum claimed which was $17,197. In addition, they filed lengthy defences in respect of the allegedly individual payments, the effect of which I will return to.

Between the filing of the grounds of defence and the matter coming on for hearing, it would seem that the appellants had dispensed with the services of their solicitors.

The case came before McCredie DCJ on 17 March 1992 and his Honour gave judgment in the matter on the next day. It is possible to discern from the appeal book and the oral and written evidence referred to therein that a very large amount of material was put before his Honour. Because the appellants were not represented by lawyers but were in fact represented solely by one of the Messrs Pupo, his Honour spent a great deal of time trying to understand what it was that the appellants wished to contest.