Rockwell Constructions Pty Ltd v LLamas [2018] NSWCATAP 262

Rockwell Constructions Pty Ltd v LLamas [2018] NSWCATAP 262

The Appeal Panel allowed the appeal because the Tribunal failed to give adequate reasons for its critical finding that the contract was validly terminated by the Homeowners and failed to give adequate reasons for assessing the Builder's cross-claim at $15,000. Those inadequacies constituted error of law, requiring the orders to be set aside and the matters remitted for redetermination by a differently constituted Tribunal.

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Appeal Concerning Home Building Proceedings / Appeal Panel Appeal From Consumer and Commercial Division Decision of 23 May 2018
Outcome
Appeal allowed; orders set aside; matters remitted for redetermination by a differently constituted Tribunal.
Legal Topics
['error of Law' 'adequacy of Reasons' 'termination of Contract' 'repudiation' 'damages Assessment' 'remittal' 'costs']
['administrative Law' 'home Building' 'contract Law' 'civil Procedure'] ['error of Law' 'adequacy of Reasons' 'termination of Contract' 'repudiation' 'damages Assessment' 'remittal' 'costs']

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Procedural Posture

Appeal Concerning Home Building Proceedings / Appeal Panel Appeal From Consumer and Commercial Division Decision of 23 May 2018

Legal Issues

  1. 1 ['Whether the Tribunal gave adequate reasons for finding that the home building contract was validly terminated by the Homeowners.' "Whether the Tribunal's treatment of the Builder's cross-claim gave adequate reasons for assessing it at $15,000." 'Whether inadequacy of reasons constituted an error of law so that leave to appeal was not required.']

Ratio Decidendi

The Appeal Panel allowed the appeal because the Tribunal failed to give adequate reasons for its critical finding that the contract was validly terminated by the Homeowners and failed to give adequate reasons for assessing the Builder's cross-claim at $15,000. Those inadequacies constituted error of law, requiring the orders to be set aside and the matters remitted for redetermination by a differently constituted Tribunal.

Court Disposition

Appeal allowed; orders set aside; matters remitted for redetermination by a differently constituted Tribunal.

Orders

  • ['Appeal allowed.' 'The orders of the Tribunal in matters HB 16/51356 and HB 17/04946 of 23 May 2018 set aside.' 'The matters are remitted to the Consumer and Commercial Division of the Tribunal constituted by a different member other than a member who determined the matter.' "If either party wishes to apply for a...