Bazdaric Homes Pty Ltd v Yeh

[2026] NSWSC 114

Supreme Court of NSW

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Interrogate

Catchwords

1. Administrative Law
2. › Particular administrative bodies
3. › NSW Civil and Administrative Tribunal
4. › Appeal Panel
5. › Appeal to Supreme Court on question of law
6. › Leave to appeal under s 83 of Civil and Administrative Tribunal Act 2013 (NSW)
7. › Whether grounds go beyond the merely arguable
8. › Whether question of public importance raised
1. Administrative Law
2. › Particular administrative bodies
3. › NSW Civil and Administrative Tribunal
4. › Appeal Panel
5. › Jurisdiction of Appeal Panel
6. › Whether appeal on question of law under s 80(2)(b)
7. › Whether grounds of appeal to Appeal Panel sufficiently identified question of law
8. › Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83
1. Contract
2. › Construction of contract
3. › Home building contract
4. › Obligation to verify dimensions and levels
5. › Whether obligation arose only immediately prior to relevant stage of construction
6. › Home Building Act 1989 (NSW)
1. Practice and Procedure
2. › Extension of time
3. › Appeal from tribunal
4. › Whether extension of time should be granted
5. › Factors relevant to extension of time
6. › Uniform Civil Procedure Rules 2005 (NSW), r 50.3

Quick Take

Grounds of appeal to the NCAT Appeal Panel that, considered in context of the first instance decision and the evidence and pleadings, are sufficient for a reader to apprehend the questions of law raised will satisfy the requirement for an appeal 'on any question of law' under s 80(2)(b) of the CAT Act, even if the notice of appeal does not expressly identify the questions of law.