The Supreme Court refused leave to appeal from an NCAT Appeal Panel decision, holding that none of the five proposed grounds disclosed an error of law on the part of the Appeal Panel. The Court emphasised that under s 83(1) of the CAT Act, review is confined to the Appeal Panel's decision and it is insufficient to merely assert the Appeal Panel 'erred in law' by failing to correct an alleged error of the Tribunal at first instance without identifying the specific legal error in the Appeal Panel's own reasoning. The Court also held that a builder who invited the Tribunal to make a money order rather than a rectification order under s 48MA HBA could not subsequently complain on appeal that the Tribunal failed to test its preference for a money order, characterising this as an opportunistic attempt to withdraw from a position the builder itself had advocated.
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