Shearman v Classic Constructions (Aust) Pty Ltd

Case [2025] ACTCA 33


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Shearman v Classic Constructions (Aust) Pty Ltd

Citation: 

[2025] ACTCA 33

Hearing Date: 

24 June 2025

Decision Date: 

11 August 2025

Before:

Muller AJ

Decision: 

See [70]

Catchwords: 

APPEAL – APPEAL FROM THE SUPREME COURT – Civil law – application for leave to appeal – appeal from three separate interlocutory decisions – appeal to set aside judgments – leave refused

Legislation Cited: 

Building Act 2004 (ACT) s 19A

Court Procedures Act 2004 (ACT)

Court Procedures Rules2006 (ACT) rr 5312, 6604

Supreme Court Act 1933 (ACT) s 37E

Cases Cited: 

Asset Building Certifiers Pty Ltd v Hyblewski [2020] ACTCA 21

Australian Broadcasting Corporation v O’Neill [2006] HCA 46; 227 CLR 57

Brisciani v Piscioneri (No 2) [2016] ACTCA 24

Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; 161 CLR 148

Construction Occupations Register v Bates [2017] ACTCA 15

Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397

Donohue v Volanne Pty Ltd (No 2) ACTSC [2021] ACTCA 11

Findex Group Pty Limited v McKay [2023] ACTCA 36

House v The King [1936] HCA 40; 55 CLR 499

Hyblewski v Bellerive Homes Pty Ltd [2019] ACTSC 44

Kelly v Director of Public Prosecutions (ACT) [2015] ACTCA 55

Kenny v Ritter [2009] SASC 139

Manny v Commonwealth of Australia; Manny v University of Canberra [2023] ACTSC 160

McKay v Paule [2022] ACTCA 72

Mulley v Manifold [1959] HCA 23; 103 CLR 341

Piscioneri v Brisciani & Reardon [2017] ACTSC 237

R v Meyboom (2012) [2012] ACTCA 2; 256 FLR 450

Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71

Talada Investments v Rovera Scaffolding [2017] ACTSC 160

Parties: 

Debra Shearman ( First Appellant)

Leigh Shearman (Second Appellant)

Classic Constructions Pty Ltd ( Respondent)

CBS Residential (Interested Party)

Representation: 

Counsel

Self-represented ( Appellant)

WDB Buckland ( Respondent)

S Onitiri (Interested Party)

Solicitors

Self-represented ( Appellant)

MV Law ( Respondent)

Lander & Rogers (Interested Party)

File Number:

ACTCA 39 of 2024

Decisions Under Appeal: 

Court/Tribunal:

Supreme Court of the ACT

Before:

McCallum CJ

Date of Decision:

14 June 2024

Case Title:

Classic Constructions (Aust) Pty Ltd v Shearman (No 2)

Citation:

[2024] ACTSC 374

Court File Number(s):

SC 417 of 2022

Court/Tribunal:

Supreme Court of the ACT

Before:

McCallum CJ

Date of Decision:

12 September 2024

Case Title:

Classic Constructions (Aust) Pty Ltd v Shearman (No 3)

Citation:

[2024] ACTSC 282

Court File Number(s):

SC 417 of 2022

Court/Tribunal:

Supreme Court of the ACT

Before:

McCallum CJ

Date of Decision:

20 September 2024

Case Title:

Classic Constructions (Aust) Pty Ltd v Shearman (No 4)

Citation:

[2024] ACTSC 289

Court File Number(s):

SC 417 of 2022

MULLER AJ: 

Introduction

1․This is an application to the Court of Appeal for leave to appeal from a series of interlocutory decisions made by a single Judge (the primary judge).

2․The appellants in these proceedings are the defendants in the substantive proceedings,…

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AGLC
Shearman v Classic Constructions (Aust) Pty Ltd [2025] ACTCA 33
Case
[2025] ACTCA 33
Decision Date

CaseChat Overview and Summary

Shearman (the applicant) sought leave to appeal from three interlocutory decisions made by the Supreme Court of New South Wales. The respondent was Classic Constructions (Aust) Pty Ltd. The core of the dispute involved the applicant's attempts to set aside judgments that had been entered against them.

The primary legal issue before the Court was whether the applicant had demonstrated sufficient grounds to warrant the granting of leave to appeal from the interlocutory decisions. This required the Court to consider the merits of the proposed appeals and whether there was a real prospect of success or any other compelling reason for the appeals to be heard.

Muller AJ refused leave to appeal. The Court found that the applicant had failed to establish any error in the interlocutory decisions of the Supreme Court, nor had they demonstrated any compelling reason why the appeals should be permitted to proceed. The applicant's arguments did not meet the threshold required for granting leave to appeal in such circumstances.

Orders

Orders of the court

See [70]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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