Ung v Ng & Ors and Ng & Anor v Ung [2009] NSWDC 106

Ung v Ng & Ors and Ng & Anor v Ung [2009] NSWDC 106

The Tribunal exceeded its jurisdiction under s 50 by purporting to make a substantive change to its earlier decision, reducing the builder's liability by $40,000 in conflict with its own factual finding that the payment had not been made. Such a change was not an obvious textual or clerical error, but a substantive alteration not permitted by the Act.

Jurisdiction
Australia
Judgment Date
16 June 2009
Procedural Posture
Statutory Appeals From Tribunal Decisions / Appeal Before District Court Final Judgment
Outcome
Both appeals allowed; Tribunal orders set aside; proceedings remitted for re-determination; each party to bear their own costs.
Legal Topics
['tribunal Jurisdiction' 'statutory Appeals' 'power to Amend Tribunal Decisions' 'remittal']
['administrative Law' 'civil Procedure'] ['tribunal Jurisdiction' 'statutory Appeals' 'power to Amend Tribunal Decisions' 'remittal']

Case Brief

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Procedural Posture

Statutory Appeals From Tribunal Decisions / Appeal Before District Court Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to make substantive amendments to its orders after its decision was communicated to the parties under s 50 of the Consumer, Trader and Tenancy Tribunal Act 2001' 'Whether there was an obvious error in the text of a notice of a decision or a statement of reasons of the Tribunal' 'If there was an obvious error, whether there was a discretion to refuse to amend the reasons' 'If there was such a discretion, whether it was exercised validly or reasonably']

Ratio Decidendi

The Tribunal exceeded its jurisdiction under s 50 by purporting to make a substantive change to its earlier decision, reducing the builder's liability by $40,000 in conflict with its own factual finding that the payment had not been made. Such a change was not an obvious textual or clerical error, but a substantive alteration not permitted by the Act.

Court Disposition

Both appeals allowed; Tribunal orders set aside; proceedings remitted for re-determination; each party to bear their own costs.

Orders

  • ['In proceedings 4311 of 2008 leave to appeal granted.' 'Both appeals are allowed.' 'The orders made by the Tribunal are set aside.' 'The proceedings are to be remitted to the Consumer, Trader and Tenancy Tribunal to be determined according to law.' 'Each party is to bear their own costs in relation to the appeals.'...