McPherson v Mace [2015] NSWCATAP 203

McPherson v Mace [2015] NSWCATAP 203

The Tribunal's reasons regarding liability for item 2 (retaining wall) were inadequate, failing to provide sufficient explanation of why the appellant was responsible under the contract, and thus amounted to an error of law. The determination regarding item 4 (soffit lining) was adequately reasoned, with the Tribunal identifying the defect and explaining the basis of builder liability under the statutory warranty.

Parties
Appellant: Christopher John McPherson t/as CMC Building Works; Respondent: Stephen Mace
Jurisdiction
Australia
Judgment Date
22 September 2015
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed in part
Legal Topics
Defective Building Work, Adequacy of Reasons for Decision, Jurisdictional Error, Statutory Warranties, Procedural Fairness
Administrative Law Building and Construction Defective Building Work Adequacy of Reasons for Decision Jurisdictional Error Statutory Warranties Procedural Fairness

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Parties

Christopher John McPherson t/as CMC Building Works

Appellant

Stephen Mace

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal failed to consider liability under the contract for certain defects
  2. 2 Whether the Tribunal failed to provide adequate reasons for its decision
  3. 3 Whether there was a constructive failure to exercise jurisdiction

Ratio Decidendi

The Tribunal's reasons regarding liability for item 2 (retaining wall) were inadequate, failing to provide sufficient explanation of why the appellant was responsible under the contract, and thus amounted to an error of law. The determination regarding item 4 (soffit lining) was adequately reasoned, with the Tribunal identifying the defect and explaining the basis of builder liability under the statutory warranty.

Court Disposition

Appeal allowed in part

Orders

  • The appeal is allowed in part.
  • The award of $32,626.71 is varied to $18,394.44 by excluding the sum of $14,229.27 in respect of item 2.