Murnane Carpentry Pty Ltd v Kalinovski [2015] NSWCATAP 30

Murnane Carpentry Pty Ltd v Kalinovski [2015] NSWCATAP 30

The Tribunal below was required to make findings on material questions of fact and give reasons under s.62. In a dispute about carpentry services and alleged defects, it failed to make fundamental findings about the terms of the contract, the work undertaken by other contractors, the work required of the appellant, and whether alleged verbal instructions by the respondent and architect occurred. Without those findings it could not properly determine breach or damages. That failure to comply with s.62 was a failure to provide proper reasons and an error of law, so the appeal was allowed, the orders below were quashed, and the matter was remitted for rehearing before a differently...

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Appeal From Consumer and Commercial Division Decision / Determined on the Papers; Application for Extension of Time and Appeal
Outcome
Appeal allowed; time to lodge the notice of appeal extended; orders below quashed; matter remitted for rehearing.
Legal Topics
['obligation to Give Reasons' 'error of Law' 'extension of Time to Appeal' 'defective Residential Building Work' 'remittal for Rehearing']
['administrative Law' 'civil Procedure' 'consumer and Commercial' 'home Building'] ['obligation to Give Reasons' 'error of Law' 'extension of Time to Appeal' 'defective Residential Building Work' 'remittal for Rehearing']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From Consumer and Commercial Division Decision / Determined on the Papers; Application for Extension of Time and Appeal

Legal Issues

  1. 1 ['Whether time for lodging the notice of appeal should be extended to 15 September 2014.' 'Whether the Tribunal below failed to provide proper reasons in accordance with s.62 of the Civil and Administrative Tribunal Act NSW (2013).' 'Whether that failure constituted an error of law for the purposes of an appeal under s.80 of the Act.' 'Whether the orders below should be quashed and the matter remitted for rehearing.']

Ratio Decidendi

The Tribunal below was required to make findings on material questions of fact and give reasons under s.62. In a dispute about carpentry services and alleged defects, it failed to make fundamental findings about the terms of the contract, the work undertaken by other contractors, the work required of the appellant, and whether alleged verbal instructions by the respondent and architect occurred. Without those findings it could not properly determine breach or damages. That failure to comply with s.62 was a failure to provide proper reasons and an error of law, so the appeal was allowed, the orders below were quashed, and the matter was remitted for rehearing before a differently...

Court Disposition

Appeal allowed; time to lodge the notice of appeal extended; orders below quashed; matter remitted for rehearing.

Orders

  • ['The time in which the notice of appeal is to be lodged is extended to 15 September 2014.' 'The appeal is allowed, and the orders made below quashed.' 'Remit the matter to the Consumer and Commercial Division of the Civil and Administrative Tribunal constituted by a member other than the member who made the...