SERIAL Hunter building industry shonk Daniel Roberts has failed to convince the Court of Appeal that a ruling against him for almost $1 million should be suspended because he's a "member of the homo sapien species".
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Roberts, of Wallsend, filed a notice to appeal the Supreme Court's ruling arguing that because he is a "living man with flesh and blood", he cannot defend himself in a civil jurisdiction.
"The appellant is a member of the homo sapien species, owns divine trust rights to a good soul, body, mind and property," Roberts argued.
"The appellant is not a thing and cannot be legally converted to a thing via civil controversy."
Roberts also told the court if the ruling was enforced, he would have to declare bankruptcy.
He asked the court to stay the ruling until an appeal could be heard, arguing he should not have been added as a defendant in the matter alongside DSD Builders, the company he was working for at the time.
But Justice Jacqueline Gleeson refused to grant the stay application, ruling that Roberts did not demonstrate a case for appeal.
"The notice of appeal does not identify any arguable grounds of appeal," Justice Gleeson said.
"Indeed, as presently drafted, the appeal is manifestly hopeless."
In a legal first, Roberts was found personally liable in May for $948,820 in defects, damage and theft from a Jesmond construction site owned by Goodwin Street Developments.
Under new laws introduced last year, described by the NSW government as the 'biggest shake-up in building laws in our state's history' following Sydney's Opal Tower fiasco, any person who carries out construction work has a duty to exercise reasonable care to avoid economic loss caused by defects and negligence.
Justice James Stevenson found Roberts, who is not a licensed builder, was the construction manager for DSD Builders, a company controlled by his then wife Angela Sendjirdjian that is now in liquidation, which was engaged to construct the Jesmond boarding house development.
The development was riddled with defects, estimated to cost more than $586,000 to fix, including an unsupported pier footing, frame built on sewer pipes, brick retaining wall not waterproofed, non-existent termite protection system and black mould on timber frames.
Justice Stevenson also found that after Goodwin Street Developments terminated its contract with DSD Builders, Roberts took to deliberately trashing the property and stealing building materials, the bill estimated at more than $300,000.
Sewer pipes were blocked with concrete, a circular saw used to cut through structural beams, holes drilled through walls, plumbing, external cladding and the roof and the bathroom waterproofing was deliberately damaged.
Roberts also stole the internal stairs, skylights and almost every window and door from the property.
A Newcastle Herald investigation revealed in November 2000 that Roberts is linked to numerous building companies accused of leaving a string of construction and financial disasters across the Hunter.
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