Grant v Gillham ; Christopher J Grant Pty Ltd v Gillham [2018] NSWCATAP 104

Grant v Gillham ; Christopher J Grant Pty Ltd v Gillham [2018] NSWCATAP 104

There was no error of law in the Member's conclusion that the contracting parties were the Owners and Mr Grant, not the Company; however, the Member failed to provide adequate reasons regarding specific damages items, constituting an error of law requiring remittal of that issue for rehearing.

Jurisdiction
Australia
Judgment Date
02 May 2018
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
In AP 17/43000: Leave to appeal is refused, appeal dismissed. In AP 17/42976: Appeal allowed, order 2 made on 14 September 2017 set aside, proceedings remitted to the Consumer and Commercial Division for rehearing and determination consistently with these reasons.
Legal Topics
['identity of Contracting Parties' 'breach of Contract' 'determination of Compensation' 'adequacy of Reasons' 'home Building Disputes']
['contract Law' 'building and Construction Law'] ['identity of Contracting Parties' 'breach of Contract' 'determination of Compensation' 'adequacy of Reasons' 'home Building Disputes']

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Member erred in finding that the parties to the contract were Mr Grant and the Owners' 'Whether the Member failed to identify and correct misnomers in the contract' 'Whether compensation and damages were properly determined and reasons given']

Ratio Decidendi

There was no error of law in the Member's conclusion that the contracting parties were the Owners and Mr Grant, not the Company; however, the Member failed to provide adequate reasons regarding specific damages items, constituting an error of law requiring remittal of that issue for rehearing.

Court Disposition

In AP 17/43000: Leave to appeal is refused, appeal dismissed. In AP 17/42976: Appeal allowed, order 2 made on 14 September 2017 set aside, proceedings remitted to the Consumer and Commercial Division for rehearing and determination consistently with these reasons.

Orders

  • ['AP 17/43000: (1) Leave to appeal is refused. (2) The appeal is dismissed.' 'AP 17/42976: (1) The appeal is allowed. (2) Set aside order 2 made on 14 September 2017. (3) Remit the proceedings to the Consumer and Commercial Division for rehearing and determination consistently with these reasons.']