C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130

C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130

The Tribunal at first instance failed to address the applicant's core case regarding conformity of the supplied concrete with the specified 'Gunmetal' colour on the supplier's chart, resulting in a constructive failure to exercise jurisdiction and a material error of law requiring the decision to be set aside and the matter remitted.

Jurisdiction
Australia
Judgment Date
15 June 2017
Procedural Posture
Appeal / Appeal Panel Decision, Remittal for Rehearing
Outcome
Appeal upheld, original decision set aside, matter remitted for redetermination
Legal Topics
['internal Tribunal Appeal' 'error of Law' 'constructive Failure to Exercise Jurisdiction' 'failure to Address Material Question of Fact' 'breach of Contract' 'commercial Supply of Goods']
['administrative Law' 'contract Law'] ['internal Tribunal Appeal' 'error of Law' 'constructive Failure to Exercise Jurisdiction' 'failure to Address Material Question of Fact' 'breach of Contract' 'commercial Supply of Goods']

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Procedural Posture

Appeal / Appeal Panel Decision, Remittal for Rehearing

Legal Issues

  1. 1 ['Whether the Tribunal at first instance failed to address the case advanced by the applicant regarding non-conformity of supplied concrete with specified colour chart' 'Whether such failure constituted an error of law']

Ratio Decidendi

The Tribunal at first instance failed to address the applicant's core case regarding conformity of the supplied concrete with the specified 'Gunmetal' colour on the supplier's chart, resulting in a constructive failure to exercise jurisdiction and a material error of law requiring the decision to be set aside and the matter remitted.

Court Disposition

Appeal upheld, original decision set aside, matter remitted for redetermination

Orders

  • ['Appeal upheld' 'Set aside the decision of the Tribunal given on 5 September 2016' 'Remit the proceedings to the Consumer and Commercial Division of the Tribunal for determination according to law']