Ilvariy Pty Ltd trading as Craftsman Homes Northern Rivers v Moss & Ors

(2009) 74 NSWLR 710; [2009] NSWCA 207

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal from tribunal to Supreme Court
3. › Consumer Trader and Tenancy Tribunal
4. › Limited to questions of law decided by Tribunal
5. › Whether new point of law can be entertained on appeal
6. › Consumer Trader and Tenancy Tribunal Act, s 67(1)
1. Appeal
2. › New point of law raised on appeal
3. › Whether point can be entertained
4. › Whether facts fully found or admitted
5. › Whether point could have been answered by evidence at trial
1. Res Judicata
2. › Issue estoppel
3. › Scope of issue estoppel from dismissal
4. › Whether estoppel limited to actual ground for dismissal
1. Res Judicata
2. › Cause of action estoppel
3. › Action for price of work and labour
4. › Judgment for proprietor
5. › Whether cause of action or issue estoppel against action by proprietor for breach of warranty

Quick Take

An appeal from the Consumer Trader and Tenancy Tribunal under s 67(1) of the CTTT Act is limited to questions of law actually decided by the Tribunal; a new point of law not raised before the Tribunal cannot be entertained on appeal. A judgment for a proprietor in a builder's action for a progress payment does not create res judicata estoppels against a subsequent action by the proprietor for breach of warranty.