Cao v Lui [2014] NSWCATAP 100

Cao v Lui [2014] NSWCATAP 100

The appeal was allowed because the Tribunal failed to accord procedural fairness to the appellant by precluding him from challenging the respondent's expert evidence and failed to give adequate reasons for its findings on material questions, leading to a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
09 December 2014
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed.
Legal Topics
['procedural Fairness' 'adequacy of Reasons' 'home Building Claims' 'licensing and Insurance Requirements' 'termination of Contract']
['building and Construction Law' 'administrative Law'] ['procedural Fairness' 'adequacy of Reasons' 'home Building Claims' 'licensing and Insurance Requirements' 'termination of Contract']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether procedural fairness was accorded to the appellant in Tribunal proceedings' 'Whether the Tribunal gave adequate reasons for its decision' 'Whether the Tribunal properly considered the effect of the respondent being unlicensed and uninsured' 'Whether reasons for termination and payment claim were sufficient']

Ratio Decidendi

The appeal was allowed because the Tribunal failed to accord procedural fairness to the appellant by precluding him from challenging the respondent's expert evidence and failed to give adequate reasons for its findings on material questions, leading to a substantial miscarriage of justice.

Court Disposition

Appeal allowed.

Orders

  • ['The appeal is allowed.' 'The matter is remitted to the Tribunal Consumer and Commercial Division, Civil and Administrative Tribunal (NSW) for hearing in accordance with law.']