Markunsky v Zammit t/a Zammit Quality Constructions [2016] NSWCATAP 49

Markunsky v Zammit t/a Zammit Quality Constructions [2016] NSWCATAP 49

The Tribunal's reasons, although brief, met the required standard by exposing the basis for preferring the builder's evidence; the Tribunal's findings were supported by evidence, its approach to quantum meruit and rejection of damages for diminished value properly applied the Home Building Act; and the practice of entering a single set-off judgment was within the Tribunal's procedural discretion and consistent with statutory principles—therefore no error of law or basis for overturning the primary decision.

Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Civil Appeal / Leave to Appeal/appeal From NCAT Consumer and Commercial Division
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['adequacy of Reasons' 'quantum Meruit' 'set Off of Claims' 'statutory Interpretation' 'home Building Insurance' 'appeals—leave to Appeal' 'costs']
['administrative Law' 'building and Construction Law' 'tribunal Procedure'] ['adequacy of Reasons' 'quantum Meruit' 'set Off of Claims' 'statutory Interpretation' 'home Building Insurance' 'appeals—leave to Appeal' 'costs']

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Procedural Posture

Civil Appeal / Leave to Appeal/appeal From NCAT Consumer and Commercial Division

Legal Issues

  1. 1 ["Whether the Tribunal failed to give adequate reasons for preferring the builder's expert evidence" 'Whether Tribunal made findings on no evidence' 'Whether Tribunal failed to account for diminished property value due to lack of insurance' 'Whether Tribunal erred in set-off and entering a single judgment' 'Whether decision was against the weight of evidence or not fair and equitable']

Ratio Decidendi

The Tribunal's reasons, although brief, met the required standard by exposing the basis for preferring the builder's evidence; the Tribunal's findings were supported by evidence, its approach to quantum meruit and rejection of damages for diminished value properly applied the Home Building Act; and the practice of entering a single set-off judgment was within the Tribunal's procedural discretion and consistent with statutory principles—therefore no error of law or basis for overturning the primary decision.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.']