Lotus Constructions Pty Ltd v. Staunton [2015] NSWCATAP 154

Lotus Constructions Pty Ltd v. Staunton [2015] NSWCATAP 154

The Appeal Panel found that the Consumer and Commercial Division Tribunal did not take appropriate steps to ensure the appellant had a reasonable opportunity to present its case in respect of the cost of rectification for all disputed items, constituting a failure to accord procedural fairness and resulting in the setting aside of the Tribunal's order and a remission for rehearing on the relevant issues.

Jurisdiction
Australia
Judgment Date
29 July 2015
Procedural Posture
Appeal / Appeal Panel Decision on Appeal From Civil and Administrative Tribunal, Consumer and Commercial Division
Outcome
Appeal allowed in part; Tribunal order set aside in part; proceedings remitted for rehearing on quantum.
Legal Topics
['procedural Fairness' 'tribunal Procedure' 'home Building Disputes' 'expert Evidence']
['administrative Law' 'building and Construction Law'] ['procedural Fairness' 'tribunal Procedure' 'home Building Disputes' 'expert Evidence']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision on Appeal From Civil and Administrative Tribunal, Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the Tribunal failed to accord procedural fairness to the appellant in relation to expert evidence and opportunity to be heard on quantum' "Whether the Tribunal erred in making a money order without properly considering the appellant's evidence on quantum"]

Ratio Decidendi

The Appeal Panel found that the Consumer and Commercial Division Tribunal did not take appropriate steps to ensure the appellant had a reasonable opportunity to present its case in respect of the cost of rectification for all disputed items, constituting a failure to accord procedural fairness and resulting in the setting aside of the Tribunal's order and a remission for rehearing on the relevant issues.

Court Disposition

Appeal allowed in part; Tribunal order set aside in part; proceedings remitted for rehearing on quantum.

Orders

  • ['On Grounds 1 and 2 the appeal is allowed.' 'The order of the Tribunal made on 2 April 2014 is set aside.' 'On grounds 4 and 5, leave to appeal is refused.' 'On Grounds 3, 4 and 5, the appeal is otherwise dismissed.' 'The proceedings are remitted to the Tribunal for a hearing according to law in respect of the...