Palm Homes Pty Ltd v Kav’s Constructions Pty Ltd [2015] NSWCATAP 113

Palm Homes Pty Ltd v Kav’s Constructions Pty Ltd [2015] NSWCATAP 113

The Tribunal erred in finding that it lacked jurisdiction to order compensation for the generator under the Home Building Act 1989. Leave to appeal is granted in relation to the generator and the respondent is ordered to pay the appellant $1,300. The appeal is otherwise dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 June 2015
Procedural Posture
Appeal / Leave to Appeal and Merits Determination
Outcome
Leave to appeal granted in relation to generator; appeal allowed in part; otherwise dismissed
Legal Topics
['tribunal Jurisdiction' 'quantum Meruit' 'return or Compensation for Goods']
['civil Law' 'building and Construction Law'] ['tribunal Jurisdiction' 'quantum Meruit' 'return or Compensation for Goods']

Source-derived case record

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Procedural Posture

Appeal / Leave to Appeal and Merits Determination

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to order return or compensation for the generator' "Whether the Tribunal erred in finding Kavs' work defective" 'Whether Palm Homes should pay the quantum meruit claim to Kavs']

Ratio Decidendi

The Tribunal erred in finding that it lacked jurisdiction to order compensation for the generator under the Home Building Act 1989. Leave to appeal is granted in relation to the generator and the respondent is ordered to pay the appellant $1,300. The appeal is otherwise dismissed.

Court Disposition

Leave to appeal granted in relation to generator; appeal allowed in part; otherwise dismissed

Orders

  • ['Respondent to pay appellant $1,300 in respect of the generator' 'Otherwise dismiss the appeal' 'The stay of the orders of 29 October 2014 is revoked']