Scoular v Ostle [2018] NSWCATAP 189

Scoular v Ostle [2018] NSWCATAP 189

The Tribunal erred in deducting $3,000 from the purchase price for a government rebate that could not be claimed because the respondent decommissioned the system, preventing completion and the possibility of applying for the rebate. However, the $500 deduction for minor incomplete work was warranted.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Appeal / Decision of Appeal Panel
Outcome
Appeal allowed in part
Legal Topics
['supply of Solar Power System' 'terms of Contract' 'unpaid Purchase Price' 'government Rebate' 'deduction for Defective Works']
['contract'] ['supply of Solar Power System' 'terms of Contract' 'unpaid Purchase Price' 'government Rebate' 'deduction for Defective Works']

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Procedural Posture

Appeal / Decision of Appeal Panel

Legal Issues

  1. 1 ['Whether a deduction for a government rebate should be made from the unpaid purchase price where the rebate could not be claimed because the purchaser decommissioned the system' 'Whether a deduction for defective or incomplete work was properly made']

Ratio Decidendi

The Tribunal erred in deducting $3,000 from the purchase price for a government rebate that could not be claimed because the respondent decommissioned the system, preventing completion and the possibility of applying for the rebate. However, the $500 deduction for minor incomplete work was warranted.

Court Disposition

Appeal allowed in part

Orders

  • ['The appeal is allowed in part.' 'The order 1 made 2018 is varied from $8584.05 to $11,584.05.' 'Save as provided above, the appeal is dismissed.']