Laser Sonics Pty Limited v Prynew Pty Limited & Anor [2005] NSWSC 937

Laser Sonics Pty Limited v Prynew Pty Limited & Anor [2005] NSWSC 937

The Tribunal denied procedural fairness in deciding the plaintiff's entitlement to statutory relief under s94(1A) of the Home Building Act 1989 without that issue being canvassed at the hearing or in submissions to which the plaintiff could respond. In addressing s94(1A), the Tribunal also failed to have regard to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 September 2005
Procedural Posture
Proceedings Under Ss65 and 67 of the Consumer Trader & Tenancy Tribunal Act 2001 Challenging Orders of the Consumer Trader and Tenancy Tribunal of NSW / Judgment After Hearing
Outcome
The orders of the Tribunal were set aside and the proceedings were remitted to the Tribunal.
Legal Topics
['developer and Sub Contractor Liability to Obtain Insurance' 'home Warranty Insurance' 'quantum Meruit Under S94(1 A) of the Home Building Act 1989' 'denial of Procedural Fairness' 'remittal to Tribunal']
['administrative Law' 'home Building' 'procedural Fairness'] ['developer and Sub Contractor Liability to Obtain Insurance' 'home Warranty Insurance' 'quantum Meruit Under S94(1 A) of the Home Building Act 1989' 'denial of Procedural Fairness' 'remittal to Tribunal']

Source-derived case record

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Procedural Posture

Proceedings Under Ss65 and 67 of the Consumer Trader & Tenancy Tribunal Act 2001 Challenging Orders of the Consumer Trader and Tenancy Tribunal of NSW / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Tribunal denied the plaintiff procedural fairness by deciding issues concerning home warranty insurance and statutory relief under s94(1A) of the Home Building Act 1989 without giving the plaintiff a reasonable opportunity to present evidence and submissions.' "Whether ss92 and 94 of the Home Building Act 1989 applied to bar the plaintiff's claim in the absence of insurance." 'Whether s98 of the Home Building Act 1989 exempted the plaintiff, as a sub-contractor, from the obligation to obtain insurance.' 'Whether the Tribunal erred in its exercise of the statutory relief inquiry under s94(1A) of the Home Building Act 1989.']

Ratio Decidendi

The Tribunal denied procedural fairness in deciding the plaintiff's entitlement to statutory relief under s94(1A) of the Home Building Act 1989 without that issue being canvassed at the hearing or in submissions to which the plaintiff could respond. In addressing s94(1A), the Tribunal also failed to have regard to all relevant circumstances and took irrelevant circumstances into account. The Tribunal's orders were therefore set aside and the matter remitted for determination according to law of the plaintiff's entitlement, if any, to s94(1A) relief.

Court Disposition

The orders of the Tribunal were set aside and the proceedings were remitted to the Tribunal.

Orders

  • ['The orders of the Tribunal are set aside.' "The proceedings are remitted back to the Tribunal for determination according to law of the question of the plaintiff's entitlement (if any) to the statutory relief provided by s94(1A) of the Home Building Act 1989." 'The costs of the proceedings are reserved.' 'The...