Innovative Builders and Engineers Pty Ltd v Shah [2024] NSWCATAP 253

Innovative Builders and Engineers Pty Ltd v Shah [2024] NSWCATAP 253

The Tribunal erred in law by failing to provide adequate reasons or legal basis for finding the director personally liable for the builder's contractual breach, and in failing to determine the scope of works under the contract before making an award for damages.

Parties
First Appellant: Innovative Builders and Engineers Pty Ltd; Second Appellant: Mohd Ertaz Ul Chowdhury; First Respondent: Mahmudul Shah; Second Respondent: Syeda Begum
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Appeal allowed
Legal Topics
Error of Law, Personal Liability of Company Director, Adequacy of Reasons, Scope of Contractual Works, Damages Assessment, NCAT Procedure
Construction Law Contract Law Administrative Law Error of Law Personal Liability of Company Director Adequacy of Reasons Scope of Contractual Works Damages Assessment +1 more

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Parties

Innovative Builders and Engineers Pty Ltd

First Appellant

Mohd Ertaz Ul Chowdhury

Second Appellant

Mahmudul Shah

First Respondent

Syeda Begum

Second Respondent

Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal provided adequate reasons for finding the director personally liable for breach of contract
  2. 2 Whether the Tribunal failed to determine the scope of work under the contract before assessing damages
  3. 3 Whether the Tribunal acted in accordance with s 38(4) of the Civil and Administrative Tribunal Act 2013 (NSW) (equity, good conscience, substantial merits)

Ratio Decidendi

The Tribunal erred in law by failing to provide adequate reasons or legal basis for finding the director personally liable for the builder's contractual breach, and in failing to determine the scope of works under the contract before making an award for damages.

Court Disposition

Appeal allowed

Orders

  • The orders made by the Tribunal on 11 June 2024 and 12 September 2024 are set aside.
  • The application is to be reheard before a differently constituted Tribunal with new evidence allowed.