WM Van Heeswyk Pty Limited v Fair Trading Administration Corporation [2001] NSWSC 190

WM Van Heeswyk Pty Limited v Fair Trading Administration Corporation [2001] NSWSC 190

The inspection documents were admissible as business records and were not unfairly prejudicial under s135 of the Evidence Act 1995. On the admitted evidence, including the appellant's role as foreman or supervisor and evidence concerning PPS deductions and the use of a builder's licence number, it was open to the magistrate to infer that the appellant did residential building work within the Building Services Corporation Act 1989. No error of law was shown, so the appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
22 February 2001
Procedural Posture
Appeal From Local Court Civil Claims Proceedings / Appeal by Amended Summons Against the Entirety of the Magistrate's Decision
Outcome
Appeal dismissed with costs; costs on an indemnity basis refused.
Legal Topics
['stated Case' 'residential Building Work' 'rectification Work' 'admissibility of Business Records' 'appeal on Error of Law' 'costs']
['civil Procedure' 'evidence' 'building and Construction'] ['stated Case' 'residential Building Work' 'rectification Work' 'admissibility of Business Records' 'appeal on Error of Law' 'costs']

Case Brief

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Procedural Posture

Appeal From Local Court Civil Claims Proceedings / Appeal by Amended Summons Against the Entirety of the Magistrate's Decision

Legal Issues

  1. 1 ["Whether the Building Services Commissioner's Inspection Report or Running Notes were admissible as business records or should have been excluded under s135 of the Evidence Act 1995." 'Whether there was evidence on which the magistrate could infer that the appellant did residential building work within s3 of the Building Services Corporation Act 1989.' 'Whether the appellant was liable to the FTAC for the amount paid for rectification work under s98(1) of the Building Services Corporation Act 1989.' 'Whether costs should be ordered on an indemnity basis following a Calderbank offer.']

Ratio Decidendi

The inspection documents were admissible as business records and were not unfairly prejudicial under s135 of the Evidence Act 1995. On the admitted evidence, including the appellant's role as foreman or supervisor and evidence concerning PPS deductions and the use of a builder's licence number, it was open to the magistrate to infer that the appellant did residential building work within the Building Services Corporation Act 1989. No error of law was shown, so the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs; costs on an indemnity basis refused.

Orders

  • ["The plaintiff/appellant is to pay the defendant/respondent's costs of these proceedings." 'The application for costs on an indemnity basis from 28 August 2000 onward is refused.']