Partridge & Anor v Building Disputes Tribunal & Anor [1999] NSWSC 810

Partridge & Anor v Building Disputes Tribunal & Anor [1999] NSWSC 810

No denial of natural justice or jurisdictional error was established; the Tribunal's findings were based on material capable of amounting to logically probative evidence, an adequate opportunity to present the plaintiffs' case was afforded, the referee was not shown to have acted with bias or error, and the legal framework precluded review of merits. Relief under s 12 of the Consumer Claims Tribunals Act 1987 was therefore refused.

Parties
Plaintiff: Jon Gregory Partridge; Plaintiff: Linda Partridge; 1st Defendant: Registrar, Building Disputes Tribunal; 2nd Defendant: Amcon Constructions Pty Limited; Intervener: Minister for Fair Trading
Jurisdiction
Australia
Judgment Date
06 August 1999
Procedural Posture
Administrative Law Judicial Review of Tribunal Decision / First Instance, Supreme Court of NSW Administrative Law Division
Outcome
Plaintiffs' summons dismissed; costs ordered in favour of second defendant; no costs order in favour of the intervener.
Legal Topics
Natural Justice, Judicial Review, Consumer Claim Building Dispute, Jurisdiction of Tribunal, Procedural Fairness
Administrative Law Consumer Law Natural Justice Judicial Review Consumer Claim Building Dispute Jurisdiction of Tribunal Procedural Fairness

Case Brief

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Parties

Jon Gregory Partridge

Plaintiff

Linda Partridge

Plaintiff

Registrar, Building Disputes Tribunal

1st Defendant

Amcon Constructions Pty Limited

2nd Defendant

Minister for Fair Trading

Intervener

Procedural Posture

Administrative Law Judicial Review of Tribunal Decision / First Instance, Supreme Court of NSW Administrative Law Division

Legal Issues

  1. 1 Whether the Building Disputes Tribunal denied the plaintiffs natural justice in the hearing and determination of their consumer claim
  2. 2 Whether the Tribunal's findings were unsupported by logically probative evidence (no evidence rule)
  3. 3 Whether the Tribunal failed to provide an opportunity to present or respond to evidence

Ratio Decidendi

No denial of natural justice or jurisdictional error was established; the Tribunal's findings were based on material capable of amounting to logically probative evidence, an adequate opportunity to present the plaintiffs' case was afforded, the referee was not shown to have acted with bias or error, and the legal framework precluded review of merits. Relief under s 12 of the Consumer Claims Tribunals Act 1987 was therefore refused.

Court Disposition

Plaintiffs' summons dismissed; costs ordered in favour of second defendant; no costs order in favour of the intervener.

Orders

  • The summons is dismissed.
  • The plaintiffs are ordered to pay the second defendant's costs of the proceedings in this Court.