Keith v Florida Kitchen Centre Pty Ltd [2015] NSWCATCD 131

Keith v Florida Kitchen Centre Pty Ltd [2015] NSWCATCD 131

The Tribunal was satisfied that the real issues in dispute included whether the respondent's work was defective, whether materials bought for the work were of appropriate quality and suitability, and the extent of work performed and reasonable time to complete it. Those matters could properly be the subject of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 November 2015
Procedural Posture
Home Building Application / Written Reasons Under S 62(2) of the Civil and Administrative Tribunal Act 2013 for Directions Made on 28 September 2015
Outcome
Written reasons were provided for the directions made on 28 September 2015; the Tribunal maintained the case management directions including expert inspection and joint report directions and refused the respondent's summons requests at that time.
Legal Topics
['written Reasons for Tribunal Directions' 'expert Inspection and Joint Expert Report' 'summons to Produce' 'case Management Directions' 'home Building Act Contract and Insurance Issues']
['administrative Law' 'civil Procedure' 'home Building'] ['written Reasons for Tribunal Directions' 'expert Inspection and Joint Expert Report' 'summons to Produce' 'case Management Directions' 'home Building Act Contract and Insurance Issues']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Home Building Application / Written Reasons Under S 62(2) of the Civil and Administrative Tribunal Act 2013 for Directions Made on 28 September 2015

Legal Issues

  1. 1 ["Whether directions should be made requiring the parties' experts to inspect the respondent's manufacturing facilities and prepare a joint report." 'Whether the respondent should be granted leave to issue summonses to produce documents to the local council, contractors, the applicant, or alternative suppliers.' 'How the Tribunal should manage the proceedings consistently with the guiding principle of the just, quick and cheap resolution of the real issues in dispute.']

Ratio Decidendi

The Tribunal was satisfied that the real issues in dispute included whether the respondent's work was defective, whether materials bought for the work were of appropriate quality and suitability, and the extent of work performed and reasonable time to complete it. Those matters could properly be the subject of expert evidence, and a further simultaneous inspection by both experts with a joint report would avoid disadvantage, assist the Tribunal, and facilitate the just, quick and cheap resolution of the real issues. The Tribunal declined to issue the summonses sought at that time because the Development Approval could be produced by the applicant without a summons, the proposed summonses...

Court Disposition

Written reasons were provided for the directions made on 28 September 2015; the Tribunal maintained the case management directions including expert inspection and joint report directions and refused the respondent's summons requests at that time.

Orders

  • ['By determination of member, on 28 September 2015 the hearing was adjourned to a date to be fixed by the Registrar.' 'On or before 2/10/15 the parties are to file an agreed statement of facts and issues for determination. The statement of issues is to include a Scott Schedule setting out the claims that are to be...