Coroneos v Trade Compliance Group Pty Ltd [2015] NSWCATAP 236

Coroneos v Trade Compliance Group Pty Ltd [2015] NSWCATAP 236

The Tribunal erred in law by failing to make a necessary factual finding as to whether the contract had been terminated at the relevant time, by failing to provide adequate reasons identifying and explaining the legal basis for its findings on defective and incomplete works and quantum, and by misconstruing clause 12(a) of the contract in its application to progress payments. These errors necessitated setting aside the orders dealing with the claims for defective and incomplete work, liquidated damages, and the respondent’s claim for the balance due under the contract, and remitting those claims for reconsideration.

Jurisdiction
Australia
Judgment Date
04 November 2015
Procedural Posture
Appeal / Appeal Panel Determination of Internal Appeal From Consumer and Commercial Division
Outcome
Appeal allowed in part, orders set aside and proceedings remitted for reconsideration, costs refused.
Legal Topics
['defective and Incomplete Work' 'liquidated Damages' 'contract Termination' 'jurisdiction of Tribunal' 'progress Payment Withholding' 'quantum of Damages' 'costs']
['building and Construction Law' 'contract Law'] ['defective and Incomplete Work' 'liquidated Damages' 'contract Termination' 'jurisdiction of Tribunal' 'progress Payment Withholding' 'quantum of Damages' 'costs']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Determination of Internal Appeal From Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in failing to make a material finding of fact as to whether the contract had been terminated at the time of the hearing' 'Whether the Tribunal failed to provide proper reasons by failing to identify and explain the legal basis on which it made findings in respect of claims for defective and incomplete work' 'Whether the Tribunal misconstrued cl 12(a) of the contract and its application to the facts' "Whether the Tribunal erred in determining the appellant was unreasonable in withholding payment of the respondent's progress payments"]

Ratio Decidendi

The Tribunal erred in law by failing to make a necessary factual finding as to whether the contract had been terminated at the relevant time, by failing to provide adequate reasons identifying and explaining the legal basis for its findings on defective and incomplete works and quantum, and by misconstruing clause 12(a) of the contract in its application to progress payments. These errors necessitated setting aside the orders dealing with the claims for defective and incomplete work, liquidated damages, and the respondent’s claim for the balance due under the contract, and remitting those claims for reconsideration.

Court Disposition

Appeal allowed in part, orders set aside and proceedings remitted for reconsideration, costs refused.

Orders

  • ["The appeal is allowed in respect of the appellant's claim for defective and incomplete work and liquidated damages, and the respondent's claim for the balance due under the contract." 'Order 1 of the Tribunal (that Mary Coroneos pay $24,093.37) is set aside.' 'The proceedings are remitted to the Consumer and...