Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98

Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98

On the proper construction of cl 8(4)(a) of Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal on a renewal application may make a materially different order that it had statutory authority to make when the proceedings were originally determined, provided the order is appropriate in light of applicable legal and equitable principles, statutory provisions, the non-compliance and all relevant circumstances, including events after the original determination. In a Home Building Act building claim, the Tribunal had authority under s 48O(1)(a) to make a money order by way of damages. The homeowner's renewal application seeking a money order in lieu of the work order was...

Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Appeal From a Renewal Application in a Home Building Claim / Appeal Panel Decision
Outcome
Appeal dismissed.
Legal Topics
['renewal of Proceedings' 'powers of Tribunal on Renewal Application' 'work Orders' 'money Orders by Way of Damages' 'termination of Building Contract' 'construction of Cl 8(4) of Sch 4 to the Civil and Administrative Tribunal Act 2013 (nsw)']
['administrative Law' 'home Building' 'contract Law' 'civil Procedure' 'costs'] ['renewal of Proceedings' 'powers of Tribunal on Renewal Application' 'work Orders' 'money Orders by Way of Damages' 'termination of Building Contract' 'construction of Cl 8(4) of Sch 4 to the Civil and Administrative Tribunal Act 2013 (nsw)']

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Procedural Posture

Appeal From a Renewal Application in a Home Building Claim / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether, on a renewal application under cl 8 of Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal could order payment of money where there had been non-compliance with a previous order for specified home building work to be done as per the written contract.' 'Whether the words "any other appropriate order under this Act or enabling legislation as it could have made when the matter was originally determined" in cl 8(4)(a) limited the Tribunal to orders that would have been appropriate at the time of the original determination.' 'Whether general law principles concerning damages for incomplete work under a building contract prevented a money order where the contract had not been terminated when the original work order was made.' "Whether there was a contractual basis for the respondent's claim for damages on the renewal application."]

Ratio Decidendi

On the proper construction of cl 8(4)(a) of Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal on a renewal application may make a materially different order that it had statutory authority to make when the proceedings were originally determined, provided the order is appropriate in light of applicable legal and equitable principles, statutory provisions, the non-compliance and all relevant circumstances, including events after the original determination. In a Home Building Act building claim, the Tribunal had authority under s 48O(1)(a) to make a money order by way of damages. The homeowner's renewal application seeking a money order in lieu of the work order was...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "Subject to order 3, the appellant is to pay the respondent's costs of and incidental to this appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW))." 'Order 2 ceases to have...