Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99

Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99

The Tribunal erred by denying the appellants procedural fairness in not permitting cross-examination of the respondent's witnesses, which was critical to resolving conflicts in evidence central to the contractual and consumer guarantee claims. This constituted an error of law requiring the setting aside of the orders and the remitting of the proceedings for rehearing by a differently constituted Tribunal.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Appeal / Decision of Appeal Panel on Appeal From Tribunal
Outcome
Appeal allowed; orders below set aside; proceedings remitted for rehearing
Legal Topics
['procedural Fairness' 'statutory Warranties' 'consumer Guarantees' 'contractual Interpretation' 'jurisdiction']
['administrative Law' 'consumer Law' 'home Building Law'] ['procedural Fairness' 'statutory Warranties' 'consumer Guarantees' 'contractual Interpretation' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal / Decision of Appeal Panel on Appeal From Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal failed to afford procedural fairness by not allowing cross-examination' "Whether the Tribunal failed to take into account all available evidence concerning the driveway's binding" "Whether the Tribunal failed to draw an adverse inference from the respondent's failure to produce photos and video" 'Whether the Tribunal applied the correct legal test in s 61 of the ACL regarding fitness for purpose' 'Whether leave to appeal on questions of fact should be granted']

Ratio Decidendi

The Tribunal erred by denying the appellants procedural fairness in not permitting cross-examination of the respondent's witnesses, which was critical to resolving conflicts in evidence central to the contractual and consumer guarantee claims. This constituted an error of law requiring the setting aside of the orders and the remitting of the proceedings for rehearing by a differently constituted Tribunal.

Court Disposition

Appeal allowed; orders below set aside; proceedings remitted for rehearing

Orders

  • ['The orders made on 10 October 2019 in application HB 19/26920 are set aside and the proceedings are remitted for rehearing by a differently constituted Tribunal.' 'The parties have liberty to adduce further or other evidence.' 'The remitted proceedings should be listed for directions in the Consumer and Commercial...