Marine Energy Systems Pty Ltd v Crich [2016] NSWCATAP 105

Marine Energy Systems Pty Ltd v Crich [2016] NSWCATAP 105

The Tribunal below made an error of law by including labour costs for installation of the motor in the boat in its assessment of damages, contrary to the agreed scope of supply-only contract; this aspect of damages must be reassessed, with the hearing below otherwise standing.

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Appeal / Internal Appeal From Consumer and Commercial Division of NCAT
Outcome
Appeal upheld in part and refused in part; matter remitted for reassessment of damages quantum for labour to install missing parts in motor (excluding installation in boat) only.
Legal Topics
['breach of Contract' 'assessment of Damages' 'error of Law' 'tribunal Procedure']
['contract Law'] ['breach of Contract' 'assessment of Damages' 'error of Law' 'tribunal Procedure']

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Procedural Posture

Appeal / Internal Appeal From Consumer and Commercial Division of NCAT

Legal Issues

  1. 1 ['Whether damages for breach of contract wrongly included labour costs for installation of a marine engine in the boat contrary to the contract' 'Whether the decision was unfair, not fair and equitable, or against the weight of the evidence']

Ratio Decidendi

The Tribunal below made an error of law by including labour costs for installation of the motor in the boat in its assessment of damages, contrary to the agreed scope of supply-only contract; this aspect of damages must be reassessed, with the hearing below otherwise standing.

Court Disposition

Appeal upheld in part and refused in part; matter remitted for reassessment of damages quantum for labour to install missing parts in motor (excluding installation in boat) only.

Orders

  • ['The appeal is upheld in part.' 'The decision of the Tribunal below is set aside.' 'Remit the matter to the Tribunal below, but only in order to re-calculate the quantum of damages by determining a cost to install in the motor the missing parts as identified in the list attached to the report from J & M Marine...