Giblin & Anor v Jammal & Anor [2003] NSWSC 604

Giblin & Anor v Jammal & Anor [2003] NSWSC 604

The Tribunal misdirected itself by ignoring the executed building contract and by relying on parol evidence in a manner inconsistent with established principles of contract construction, constituting an error of law justifying rehearing under s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001.

Parties
Plaintiff: Alan Giblin; Plaintiff: Ester Giblin; First Defendant: Samir Jammal; Second Defendant: Consumer, Trader & Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
03 July 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; Tribunal's order set aside; case remitted for rehearing
Legal Topics
Construction of Contract, Appellate Review on Questions of Law
Administrative Law Contract Law Construction of Contract Appellate Review on Questions of Law

Case Brief

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Parties

Alan Giblin

Plaintiff

Ester Giblin

Plaintiff

Samir Jammal

First Defendant

Consumer, Trader & Tenancy Tribunal

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in the construction of the building contract and misapplied legal principles regarding use of parol evidence

Ratio Decidendi

The Tribunal misdirected itself by ignoring the executed building contract and by relying on parol evidence in a manner inconsistent with established principles of contract construction, constituting an error of law justifying rehearing under s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001.

Court Disposition

Appeal allowed; Tribunal's order set aside; case remitted for rehearing

Orders

  • Order of the Tribunal dated 16 October 2002 is set aside.
  • If a costs order was made, it is also set aside.