Moussa v Patten [2015] NSWCATAP 267

Moussa v Patten [2015] NSWCATAP 267

The previous Tribunal decision was quashed due to absence of findings, supported by evidence, as to the identity of parties to the contract and the scope of contract; re-hearing required.

Parties
Applicant: Michael Moussa; Applicant: Ideal Trades Pty Ltd; Respondent: Bruce Patten
Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed; orders made below quashed; matter remitted for re-hearing; no order as to costs
Legal Topics
Contract, Tribunal Procedure, Evidence
Civil Procedure Contract Tribunal Procedure Evidence

Case Brief

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Parties

Michael Moussa

Applicant

Ideal Trades Pty Ltd

Applicant

Bruce Patten

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Identity of parties to the contract
  2. 2 Scope of the contract
  3. 3 Quantum of payment made under contract

Ratio Decidendi

The previous Tribunal decision was quashed due to absence of findings, supported by evidence, as to the identity of parties to the contract and the scope of contract; re-hearing required.

Court Disposition

Appeal allowed; orders made below quashed; matter remitted for re-hearing; no order as to costs

Orders

  • Appeal allowed
  • Orders made below quashed