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

Ilvariy Pty Ltd trading as Craftsman Homes Northern Rivers (the appellant) appealed to the Supreme Court of New South Wales against a decision of the Consumer Trader and Tenancy Tribunal. The dispute concerned a building contract between the appellant and the respondents, Mr and Mrs Moss, and involved claims for the price of work and labour and, on appeal, a new point of law regarding breach of warranty.

The primary legal issues before the Supreme Court were whether it could entertain a new point of law raised for the first time on appeal from the Consumer Trader and Tenancy Tribunal, and the application of the doctrine of *res judicata*, specifically issue estoppel, in relation to a prior dismissal of the appellant's claim for the price of work and labour.

The Court held that an appeal from the Consumer Trader and Tenancy Tribunal to the Supreme Court is limited to questions of law decided by the Tribunal. Consequently, a new point of law cannot be entertained on appeal unless the facts are fully found or admitted. Furthermore, the Court found that issue estoppel arising from the dismissal of the appellant's claim for the price of work and labour did not preclude a subsequent action by the appellant for breach of warranty, as the prior dismissal was limited to the specific ground for that dismissal and did not extend to the issue of warranty.

The appeal was dismissed with costs, including the costs of the third and fourth respondents as submitting respondents.