Brennan v Building Zone Constructions Pty Ltd [2022] NSWCATAP 96

Brennan v Building Zone Constructions Pty Ltd [2022] NSWCATAP 96

The Tribunal at first instance failed to consider evidence on quantum submitted by the appellants, rendering the decision not fair and equitable; thus, the appeal is allowed, the relevant order set aside, and the matter remitted for determination of quantum only by a different member.

Parties
Appellant: Gabrielle Brennan; Appellant: Garin Clarke; Respondent: Building Zone Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
appeal allowed
Legal Topics
Quantum Meruit, Appeal Grounds, Tribunal Procedure
Civil Procedure Contract Law Quantum Meruit Appeal Grounds Tribunal Procedure

Case Brief

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Parties

Gabrielle Brennan

Appellant

Garin Clarke

Appellant

Building Zone Constructions Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the decision at first instance was not fair and equitable
  2. 2 Whether the decision was against the weight of the evidence
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

The Tribunal at first instance failed to consider evidence on quantum submitted by the appellants, rendering the decision not fair and equitable; thus, the appeal is allowed, the relevant order set aside, and the matter remitted for determination of quantum only by a different member.

Court Disposition

appeal allowed

Orders

  • Leave to appeal is granted.
  • The appeal is allowed.