Unique Building and Construction Services Pty Ltd v Gray [2024] NSWCATAP 16

Unique Building and Construction Services Pty Ltd v Gray [2024] NSWCATAP 16

The Appeal Panel found that neither procedural unfairness nor bias was made out, the Tribunal was properly constituted, and the Senior Member's conduct did not demonstrate error or apprehended bias. The quantum meruit claim was not before the Tribunal and was properly excluded. No accounting errors or evidentiary errors were established. No grounds for leave to appeal were made out under the statutory tests. Accordingly, the appeal on questions of law was dismissed, and leave to appeal in relation to other matters was refused.

Jurisdiction
Australia
Judgment Date
05 February 2024
Procedural Posture
Appeal / Orders After Hearing in Appeal Panel
Outcome
Appeal dismissed as to questions of law; leave to appeal otherwise refused.
Legal Topics
['australian Consumer Law' 'quantum Meruit' 'procedural Fairness' 'contract Variations']
['building and Construction' 'consumer Protection'] ['australian Consumer Law' 'quantum Meruit' 'procedural Fairness' 'contract Variations']

Case Brief

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Procedural Posture

Appeal / Orders After Hearing in Appeal Panel

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in its determination of competing payment claims under a building contract' 'Whether procedural fairness was denied to the appellant' 'Whether there was bias or apprehended bias by the presiding Tribunal Member' 'Whether errors of law or significant errors in fact warranted leave to appeal']

Ratio Decidendi

The Appeal Panel found that neither procedural unfairness nor bias was made out, the Tribunal was properly constituted, and the Senior Member's conduct did not demonstrate error or apprehended bias. The quantum meruit claim was not before the Tribunal and was properly excluded. No accounting errors or evidentiary errors were established. No grounds for leave to appeal were made out under the statutory tests. Accordingly, the appeal on questions of law was dismissed, and leave to appeal in relation to other matters was refused.

Court Disposition

Appeal dismissed as to questions of law; leave to appeal otherwise refused.

Orders

  • ['In so far as the appeal raises a question of law, the appeal is dismissed.' 'In so far as the appeal raises other errors, leave to appeal is refused.']