NSW Caselaw
New South Wales Supreme Court
CITATION : A Sussman Construction v Ireland & Ors [2003] NSWSC 790 HEARING DATE(S) : 25 August 2003 JUDGMENT DATE : 28 August 2003
JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The Summons is dismissed. If the first and second defendants have incurred legal costs in respect of this appeal, the plaintiff is to pay those costs.
CATCHWORDS : Incompetent appeal - extension of time - futility - grounds of appeal not argued below - question with respect to matter of law and procedural fairness - misconception of legal issues and of the grounds of appeal - legislature should provide an alternative to an appeal in this Court where small claims are involved. Consumer, Trader and Tenancy Tribunal Act 2001, s 67. LEGISLATION CITED : Home Building Act 1989, s 92, s 94. Home Building Legislation Amendment Act 2001. CASES CITED : Eather & Anor v Rawson Homes & Anor [2003] NSWSC 439. A Sussman Construction Pty Ltd (Plaintif) v PARTIES : Rod Ireland (First Defendant) Allyson Ireland (Second Defendant) Consumer, Trader & Tenancy Tribunal (Third Defendant) FILE NUMBER(S) : SC 30025 of 2003 N/A (Plaintiff) COUNSEL : N/A (Defendants)
In Person (Plaintiff) SOLICITORS : In Person (First and Second Defendants) I V Knight - Crown Solicitor - Submitting Appearance (Third Defendant)
LOWER COURT Consumer, Trader & Tenancy Tribunal JURISDICTION : LOWER COURT HB 01/74520 FILE NUMBER(S) : LOWER COURT D Baker, Member JUDICIAL OFFICER :
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