AJ Bignell Pty Ltd v SG Edenden t/a Everdry Waterproofing and Coatings and 4 ors [2004] NSWSC 27

AJ Bignell Pty Ltd v SG Edenden t/a Everdry Waterproofing and Coatings and 4 ors [2004] NSWSC 27

The Tribunal's conclusions about the cause of the defective render and the absence of an issue between the parties were factual conclusions open on the evidence. Any error in the reasoning was factual rather than legal, and the plaintiff did not establish an error of law within the limited appeal jurisdiction.

Jurisdiction
Australia
Judgment Date
18 March 2004
Procedural Posture
Appeal on a Question of Law From the Fair Trading Tribunal / Judgment on Second Amended Summons in the Administrative Law List
Outcome
Appeal dismissed.
Legal Topics
['error of Law' 'appeal From Tribunal' 'judicial Review Limits' 'findings of Fact' 'causation of Defective Render']
['administrative Law' 'consumer and Trader Law' 'building and Construction Disputes'] ['error of Law' 'appeal From Tribunal' 'judicial Review Limits' 'findings of Fact' 'causation of Defective Render']

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Procedural Posture

Appeal on a Question of Law From the Fair Trading Tribunal / Judgment on Second Amended Summons in the Administrative Law List

Legal Issues

  1. 1 ['Whether the Tribunal made an error of law by finding that there was no issue between the parties.' 'Whether the Tribunal erred in declining to make findings about causation of the failed render by the first defendant.' 'Whether alleged errors concerning the mixing or application of render or bridging of the damp course were questions of fact rather than law.']

Ratio Decidendi

The Tribunal's conclusions about the cause of the defective render and the absence of an issue between the parties were factual conclusions open on the evidence. Any error in the reasoning was factual rather than legal, and the plaintiff did not establish an error of law within the limited appeal jurisdiction.

Court Disposition

Appeal dismissed.

Orders

  • ['No error of law.' 'Appeal dismissed.' "The plaintiff is to pay the defendants' costs of the appeal."]