Wilson v AR Browning Nominees Pty Ltd t/as Ad-Built; AR Browning Nominees Pty Ltd t/as Ad-Built v Wilson [2015] NSWCATAP 238

Wilson v AR Browning Nominees Pty Ltd t/as Ad-Built; AR Browning Nominees Pty Ltd t/as Ad-Built v Wilson [2015] NSWCATAP 238

Ms Wilson was denied procedural fairness because she was not given a reasonable opportunity to adduce further or more detailed evidence relevant to quantification, due to her understanding (albeit mistaken) based on Tribunal comments. She was also denied procedural fairness as the Tribunal failed to inform her of her right to cross-examine a critical expert witness. These errors warranted allowing the appeal and remission for fresh consideration of quantum. Ad-Built was denied procedural fairness in not being allowed to address the Tribunal on certain costs.

Jurisdiction
Australia
Judgment Date
05 November 2015
Procedural Posture
Appeal / Appeal Panel Decision; Remitter Ordered
Outcome
Both appeals allowed; orders set aside; matter remitted for further hearing on quantum and costs
Legal Topics
['procedural Fairness' 'evidence' 'appeal Procedure' 'expert Evidence' 'cross Examination' 'quantum of Damages']
['administrative Law' 'consumer Law' 'building and Construction'] ['procedural Fairness' 'evidence' 'appeal Procedure' 'expert Evidence' 'cross Examination' 'quantum of Damages']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision; Remitter Ordered

Legal Issues

  1. 1 ['Whether Ms Wilson was denied procedural fairness by being refused opportunity to put on further evidence' 'Whether Ms Wilson was denied procedural fairness by not being informed of right to cross-examine witnesses' 'Whether Ad-Built was denied procedural fairness with respect to costs submissions']

Ratio Decidendi

Ms Wilson was denied procedural fairness because she was not given a reasonable opportunity to adduce further or more detailed evidence relevant to quantification, due to her understanding (albeit mistaken) based on Tribunal comments. She was also denied procedural fairness as the Tribunal failed to inform her of her right to cross-examine a critical expert witness. These errors warranted allowing the appeal and remission for fresh consideration of quantum. Ad-Built was denied procedural fairness in not being allowed to address the Tribunal on certain costs.

Court Disposition

Both appeals allowed; orders set aside; matter remitted for further hearing on quantum and costs

Orders

  • ['In appeal AP 14/54862 the appeal is allowed and the order that Ad-Built pay to Ms Wilson the sum of $34,162.26 is set aside.' 'In appeal AP 14/57320 the appeal is allowed and the order that Ad-Built pay to Ms Wilson the sum of $34,162.26 is set aside.' 'The matters are remitted to the Tribunal as previously...