Micron Constructions P/L v Goodridge & Anor [2005] NSWSC 1224

Micron Constructions P/L v Goodridge & Anor [2005] NSWSC 1224

Denial of adjournment by the Tribunal Member prevented the builder from calling a key witness, resulting in procedural unfairness and error of law; as such, the decisions of the Tribunal Member must be set aside and the matter remitted for re-hearing.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld; decisions set aside; remitted for re-hearing; costs ordered; certificate under Suitors' Fund Act granted
Legal Topics
['procedural Fairness' 'denial of Natural Justice' 'adjournment' 'certiorari' 'appeals From Administrative Tribunal']
['administrative Law'] ['procedural Fairness' 'denial of Natural Justice' 'adjournment' 'certiorari' 'appeals From Administrative Tribunal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the builder was denied procedural fairness by refusal of adjournment in the CTTT proceedings' 'Whether severance of proceedings and inability to call the painter as a witness constituted a denial of natural justice' 'Whether the Tribunal Member was in error regarding the opportunity to summon the painter' 'Whether the owner was entitled to a reduction in the amount assessed by the Tribunal']

Ratio Decidendi

Denial of adjournment by the Tribunal Member prevented the builder from calling a key witness, resulting in procedural unfairness and error of law; as such, the decisions of the Tribunal Member must be set aside and the matter remitted for re-hearing.

Court Disposition

appeal upheld; decisions set aside; remitted for re-hearing; costs ordered; certificate under Suitors' Fund Act granted

Orders

  • ['The appeal is upheld.' 'The decisions of the CTTT dated 11 February 2004 and 17 December 2004 are set aside.' 'The matter is remitted to the CTTT to be determined according to law.' "The first defendant is to pay the plaintiff's costs as agreed or assessed." "The first defendant is to have a certificate under the...