PENDER v ROBWENPHI PTY LIMITED & ANOR [2008] NSWSC 1144

New South Wales Supreme Court

CITATION : PENDER v ROBWENPHI PTY LIMITED & ANOR [2008] NSWSC 1144

HEARING DATE(S) : Thursday 12 June 2008

JUDGMENT DATE : 30 October 2008

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

DECISION : Appeal dismissed

CATCHWORDS : ADMINISTRATIVE LAW – CTTT appeal – appeal under s.67 against Tribunal decision on a question with respect to a matter of law – whether discretion under s.94(1)(A) of the Home Building Act 1989 properly exercised – whether relevant matters taken into account – whether irrelevant matters taken into account – in determining what was "just and equitable" - Tribunal had exercised discretion to award monies to builder on a quantum meruit basis – alleged error in exercise of discretion – whether failure to exercise discretion according to law and whether regard to irrelevant considerations – alleged error in permitting recovery of monies on a quantum meruit basis – whether absence of evidence to support quantum meruit claim – adequacy of Tribunal's reasons for decision, findings implicit in conclusions in decision – no error of law – assessment of "benefit" and "acceptance of benefit" matters of fact for Tribunal's evaluation - Tribunal had exercised its discretion to award costs – whether cl.20(3) of Consumer, Trader and Tenancy Regulation requiring "exceptional circumstances" before a costs order may be made – Tribunal's reasons deficient but Court affirmed Tribunal's decision under s.67(3) of the Consumer, Trader and Tenancy Act as an appropriate order.

Consumer Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Regulation 2002 Courts and Crimes Legislation Amendment Act 2008 Home Building Act 1989