Eather & Anor v Rawson Homes & Anor [2003] NSWSC 439

New South Wales Supreme Court

CITATION : Eather & Anor v Rawson Homes & Anor [2003] NSWSC 439 HEARING DATE(S) : 28 April 2003, 29 April 2003, 30 April 2003 JUDGMENT DATE : 26 May 2003

JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : I set aside the orders made by the Tribunal on 18 April 2002. I remit the decision of this Court to the Tribunal and I order a rehearing of the proceedings by the Tribunal. The first defendant is to pay the costs of these proceedings. The Exhibits may be returned. If the first defendant is so entitled, it is to have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS : Appeal from Tribunal - scope of the appeal (a question with respect to a matter of law) - denial of procedural fairness - insufficiency of reasons - misdirection as to law - construction of provisions of Plain English Building Agreement - matter of law. Commercial Tribunal Act 1984. LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001, s 67, s 67 (1). Fair Trading Tribunal Act 1998, s 61. Suitors' Fund Act 1951. CASES CITED : Life Insurance Co of Australia Ltd v Phillips (1925) 36 CLR 60. Graham Anthony Eather and Helen Lynette Eather (Plaintiffs) PARTIES : v Rawson Homes Pty.Ltd. (First Defendant) Registrar, Consumer Trader & Tenancy Tribunal (Second Defendant) FILE NUMBER(S) : SC 30046 of 2002 Mr R Desiatnik (Plaintiffs) COUNSEL : Mr D Robertson (First Defendant) N/A (Second Defendant) McKerns (Plaintiffs) SOLICITORS : Doyles Construction Lawyers (First Defendant) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)