Vero Insurance Limited v Walker & Ors [2004] NSWSC 1071

Vero Insurance Limited v Walker & Ors [2004] NSWSC 1071

Determining the identity of the builder under the contract was a question of fact, not law. The Tribunal Member had sufficient evidence before her, and there was no error of law. Accordingly, no appeal lies under s 67 of the Act, and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
16 November 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['appeal From Tribunal Decision' 'construction of Written Contract' 'admissibility of Pre and Post Contractual Evidence']
['administrative Law' 'contract Law'] ['appeal From Tribunal Decision' 'construction of Written Contract' 'admissibility of Pre and Post Contractual Evidence']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the tribunal decision involved a question with respect to a matter of law under s 67 Consumer, Trader & Tenancy Act 2001 (NSW)' "Whether the identity of the 'builder' under the contract is a matter of law or fact" 'Whether pre-contractual and post-contractual dealings were properly considered in construing the contract']

Ratio Decidendi

Determining the identity of the builder under the contract was a question of fact, not law. The Tribunal Member had sufficient evidence before her, and there was no error of law. Accordingly, no appeal lies under s 67 of the Act, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The decision of Tribunal Member Ms K Thane made on 27 May 2004 is affirmed.' 'The amended summons is dismissed.' "The plaintiff is to pay the defendants' costs as agreed or assessed."]