Tanous -v- Zielinska [2000] NSWSC 789

Tanous -v- Zielinska [2000] NSWSC 789

The Court held there was no error of law by the Fair Trading Tribunal in concluding that (1) the builder did not comply with the contract’s notice period before purporting to terminate, so his purported termination was itself a repudiation, and (2) the proprietor’s conduct—chiefly disputing costs or requiring further quotes—did not objectively amount to a repudiation of the contract. The FTT’s findings of fact were reasonable on the evidence presented.

Jurisdiction
Australia
Judgment Date
26 July 2000
Procedural Posture
Equity Proceedings (judicial Review of Tribunal Decision) / Final Judgment on Summons and Motion
Outcome
The motion and summons are dismissed. Plaintiff to pay the defendant’s costs of the proceedings and of the motion.
Legal Topics
['repudiation' 'construction Contracts' 'review of Tribunal Decisions' 'variation of Contract' 'termination of Contract']
['contract Law' 'civil Procedure'] ['repudiation' 'construction Contracts' 'review of Tribunal Decisions' 'variation of Contract' 'termination of Contract']

Case Brief

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Procedural Posture

Equity Proceedings (judicial Review of Tribunal Decision) / Final Judgment on Summons and Motion

Legal Issues

  1. 1 ['Whether the Fair Trading Tribunal erred in holding that the builder repudiated the contract by failing to comply with the contractual notice provisions prior to termination.' 'Whether the builder was entitled to determine the contract on the basis of alleged repudiation by the proprietor.']

Ratio Decidendi

The Court held there was no error of law by the Fair Trading Tribunal in concluding that (1) the builder did not comply with the contract’s notice period before purporting to terminate, so his purported termination was itself a repudiation, and (2) the proprietor’s conduct—chiefly disputing costs or requiring further quotes—did not objectively amount to a repudiation of the contract. The FTT’s findings of fact were reasonable on the evidence presented.

Court Disposition

The motion and summons are dismissed. Plaintiff to pay the defendant’s costs of the proceedings and of the motion.

Orders

  • ['The motion and summons are dismissed.' 'The plaintiff is to pay the defendant’s costs of the proceedings and of the motion.']