Polovin v Miller [2015] NSWCATAP 63

Polovin v Miller [2015] NSWCATAP 63

The Tribunal's statement limiting the claim to $500,000 and context was sufficient to keep the claim within jurisdiction. The costs order was made on incorrect factual recollections and was not fair and equitable or aligned with the evidence, resulting in substantial miscarriage of justice.

Parties
Appellant: Rita Glynis Polovin; First Respondent: Barbara Miller; Second Respondent: Desmond Miller
Jurisdiction
Australia
Judgment Date
05 May 2015
Procedural Posture
Appeal / Decision
Outcome
Appeal allowed in part
Legal Topics
Jurisdiction, Costs Orders
Tribunal Law Home Building Law Jurisdiction Costs Orders

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rita Glynis Polovin

Appellant

Barbara Miller

First Respondent

Desmond Miller

Second Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to hear the applicants' building claim when damages sought exceeded statutory limits
  2. 2 Whether the Tribunal erred in making a costs order against the respondent

Ratio Decidendi

The Tribunal's statement limiting the claim to $500,000 and context was sufficient to keep the claim within jurisdiction. The costs order was made on incorrect factual recollections and was not fair and equitable or aligned with the evidence, resulting in substantial miscarriage of justice.

Court Disposition

Appeal allowed in part

Orders

  • The Tribunal's order made on 13 October 2014 requiring the Appellant to pay costs thrown away by the Respondents is set aside.
  • Any application for the costs of this appeal must be filed and served, with supporting submissions, within 21 days of the date of this decision.