Building Professionals Board v Ball [2008] NSWADTAP 70

Building Professionals Board v Ball [2008] NSWADTAP 70

The Tribunal erred by failing to comply with its obligation under section 73(4)(c) of the ADT Act, as it did not take reasonably practicable measures to provide the Board the fullest opportunity practicable to make submissions on costs. This procedural unfairness constitutes an error of law necessitating the setting aside of the costs order and retention of the remitted issue for the Appeal Panel, not the original Tribunal, to avoid apprehended pre-judgment.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Appeal / Interlocutory (ruling on Costs Order/set Aside and Directions for Further Hearing)
Outcome
Order 2 of the Tribunal on costs is set aside; matter set for directions for further hearing on costs by Appeal Panel.
Legal Topics
['procedural Fairness' 'costs in Tribunal Proceedings' 'remitter and Apprehended Pre Judgment' 'special Circumstances for Cost Orders']
['administrative Law' 'building and Construction Law'] ['procedural Fairness' 'costs in Tribunal Proceedings' 'remitter and Apprehended Pre Judgment' 'special Circumstances for Cost Orders']

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Procedural Posture

Appeal / Interlocutory (ruling on Costs Order/set Aside and Directions for Further Hearing)

Legal Issues

  1. 1 ['Whether the Board was denied procedural fairness regarding submissions on costs' 'Whether the Tribunal erred in making a costs order without giving the Board a full opportunity to respond' 'Whether remittal should be to same or differently constituted Tribunal to avoid pre-judgment']

Ratio Decidendi

The Tribunal erred by failing to comply with its obligation under section 73(4)(c) of the ADT Act, as it did not take reasonably practicable measures to provide the Board the fullest opportunity practicable to make submissions on costs. This procedural unfairness constitutes an error of law necessitating the setting aside of the costs order and retention of the remitted issue for the Appeal Panel, not the original Tribunal, to avoid apprehended pre-judgment.

Court Disposition

Order 2 of the Tribunal on costs is set aside; matter set for directions for further hearing on costs by Appeal Panel.

Orders

  • ['Order 2 of the Tribunal made on 27 May 2008 is set aside' 'The matter is set down for further directions at 9.30 a.m. on 13 November 2008']