Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940

Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940

The Appeal Panel's reasons did not adequately identify the submissions, calculations or reasoning it accepted, did not explain why the homeowners' position concerning Invoice number NU0421 was accepted or why the builder's contrary position was rejected, and did not resolve inconsistencies concerning contract price, contract reconciliation and completed works. The reasons therefore failed to state the reasoning processes leading to the Appeal Panel's conclusions as required by s 62(3) of the Civil and Administrative Tribunal Act 2013 (NSW), constituting an error of law. That inadequacy caused a reasonably clear injustice and prevented the Supreme Court from properly determining the...

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Application for Leave to Appeal From a Decision of the NSW Civil and Administrative Tribunal Appeal Panel on a Question of Law Under S 83(1) of the Civil and Administrative Tribunal Act 2013 (nsw) / Supreme Court Appeal by Leave From NCAT Appeal Panel Decision Made on 14 November 2022
Outcome
Leave to appeal granted; appeal allowed; Appeal Panel decision set aside; matter remitted to the Appeal Panel to be heard and decided again; defendants ordered to pay the plaintiff's costs of the appeal.
Legal Topics
['leave to Appeal From NCAT Appeal Panel' 'adequacy of Reasons' 'statutory Obligation to Give Reasons' 'contract Reconciliation in Home Building Dispute' 'remittal to Tribunal']
['appeals' 'civil Procedure' 'administrative Law' 'home Building'] ['leave to Appeal From NCAT Appeal Panel' 'adequacy of Reasons' 'statutory Obligation to Give Reasons' 'contract Reconciliation in Home Building Dispute' 'remittal to Tribunal']

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Procedural Posture

Application for Leave to Appeal From a Decision of the NSW Civil and Administrative Tribunal Appeal Panel on a Question of Law Under S 83(1) of the Civil and Administrative Tribunal Act 2013 (nsw) / Supreme Court Appeal by Leave From NCAT Appeal Panel Decision Made on 14 November 2022

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the NCAT Appeal Panel decision.' 'Whether the Appeal Panel failed to provide adequate reasons for concluding that the value of Invoice number NU0421 for Payment Claim 4 should be deducted or excluded in the contract reconciliation.' 'Whether any failure to give adequate reasons amounted to an error of law under s 62(3) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the appropriate disposition was to set aside the Appeal Panel decision and remit the matter to the Appeal Panel.']

Ratio Decidendi

The Appeal Panel's reasons did not adequately identify the submissions, calculations or reasoning it accepted, did not explain why the homeowners' position concerning Invoice number NU0421 was accepted or why the builder's contrary position was rejected, and did not resolve inconsistencies concerning contract price, contract reconciliation and completed works. The reasons therefore failed to state the reasoning processes leading to the Appeal Panel's conclusions as required by s 62(3) of the Civil and Administrative Tribunal Act 2013 (NSW), constituting an error of law. That inadequacy caused a reasonably clear injustice and prevented the Supreme Court from properly determining the...

Court Disposition

Leave to appeal granted; appeal allowed; Appeal Panel decision set aside; matter remitted to the Appeal Panel to be heard and decided again; defendants ordered to pay the plaintiff's costs of the appeal.

Orders

  • ['The plaintiff has leave to appeal.' 'The appeal is allowed.' 'The decision of the Appeal Panel made on 14 November 2022 is set aside.' 'Pursuant to s 83(3)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the matter is remitted to the Appeal Panel of the Tribunal to be heard and decided again.' "The...