Kostas v HIA Insurance Services Pty Limited

Courts – Appeals - Jurisdiction and powers - Section 67(1) of Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) provided for appeal from Consumer, Trader and Tenancy Tribunal to Supreme Court "[i]f, in respect of any proceedings, the Tribunal decides a question with respect to a matter of law" - Appellants purported to terminate building contract because of builder's failure to meet obligations - Validity of termination turned on disputed claims for extension of time - Tribunal decided that material properly before it supported conclusion that disputed claims for extension had been served - Whether that question could be raised on appeal to Supreme Court - Whether "no evidence ground" raises question of law.

Words and phrases – "question with respect to a matter of law", "no evidence ground".

Consumer – Trader and Tenancy Tribunal Act 2001 (NSW), ss 66(2), 67.

Home Building Act 1989 (NSW) – ss 48A(1), 48K(1).

Supreme Court Act 1970 (NSW) – s 75A.