NEW SOUTH WALES SUPREME COURT
CITATION: Arenco Pty Ltd v CSR Ltd & Anor [2004] NSWSC 542
CURRENT JURISDICTION: Common Law - Administrative Law List
FILE NUMBER(S): 30018/2004
HEARING DATE{S): 11 June 2004
JUDGMENT DATE: 25/06/2004
PARTIES:
Arenco Pty Ltd
(Plaintiff)
CSR Limited
(First Defendant)
Consumer, Trader & Tenancy Tribunal
(Second Defendant)
JUDGMENT OF: Master Harrison
LOWER COURT JURISDICTION: CTTT
LOWER COURT FILE NUMBER(S): HB 02/41813
LOWER COURT JUDICIAL OFFICER: Chairperson Ransome
COUNSEL:
Mr P Braham
(First Defendant)
SOLICITORS:
Dr D Doyle,
The Builders' Laywer
(Plaintiff)
Submitting Appearance
(Second Defendant)
CATCHWORDS:
Appeal from decision of CTTT - Jurisdiction - building work
ACTS CITED:
Consumer Claims Act 1998 (NSW)
Consumer, Trader & Tenancy Tribunal Act 2001 (NSW) s 67
Home Building Act 1989 (NSW) - s 48
Trade Practices Act 1974 (Cth)
DECISION:
(1) The decision made by CTTT Chairperson Ransome on 28 January 2004 is affirmed
(2) The appeal is dismissed
(3) The plaintiff's summons filed 25 February 2004 is dismissed
(4) The plaintiff is to pay the first defendant's costs a agreed or assessed.
JUDGMENT:
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
ADMINISTRATIVE LAW LISTMASTER HARRISON
FRIDAY, 25 JUNE 2004
30018/2004 - ARENCO PTY LTD v CSR LIMITED & ANOR
JUDGMENT (Appeal from decision of CTTT – Jurisdiction – building work)
MASTER: By summons filed 25 February 2004 the plaintiff seeks: firstly, an order granting leave to commence these proceedings pursuant to s67 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) (the Act) in order to appeal the 28 January 2004 decision of Chairperson Ransome; secondly, an order that the second defendant has jurisdiction to determine application number HB 02/41813 and thirdly, an order that the second defendant proceeds to determine application number HB 02/41813 on its merits. The plaintiff relied on the affidavit of Catherine Lucy Hartland sworn 17 March 2004. The first defendant relied on the affidavit of James McLean sworn 6 April 2004.
The plaintiff is Arenco Pty Ltd (Arenco) and was the applicant in the Consumer, Trader and Tenancy Tribunal (CTTT) proceedings. The first defendant is CSR Limited (CSR) and was the respondent in the CTTT proceedings. The second defendant is the CTTT and has filed a notice of submitting appearance.
Background
The dispute between Arenco and CSR related to the supply of building goods and services for the use in the conversion and construction of a former office building into a high-rise residential building at 1-15 Francis Street, East Sydney known as ‘Lumina Apartments’ (the property). In or about September 2000 the plaintiff states that the first defendant entered into an agreement with the plaintiff’s agents to supply acoustic wall systems, known as the ‘CSR Hebel Wall’, for use in the property. As noted by Chairperson Ransome, insofar as there was a written contract, it was between Buildup Interiors Pty Ltd and Yorkshire Masonry Pty Ltd. By the contract it appears that Yorkshire Masonry Pty Ltd were to install the acoustic wall systems. The wall systems were…
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- Case
- [2004] NSWSC 542
- Decision Date
CaseChat Overview and Summary
The court held that the CTTT did have jurisdiction to hear the matter. The court found that the Home Building Act 1989 (NSW) did not dictate that only involvement in physical work would confer jurisdiction. The court found that the CTTT had jurisdiction to hear the matter because the supply of the acoustic wall systems was a contractual matter and the CTTT had jurisdiction to hear contractual matters. The court found that the CTTT had erred in law by holding that it did not have jurisdiction to hear Arenco’s claim against CSR. The court remitted the matter to the CTTT for rehearing.
The court ordered that the matter be remitted to the CTTT for rehearing. The court found that the CTTT had jurisdiction to hear Arenco’s claim against CSR and that it had erred in law by holding that it did not have jurisdiction. The court found that the CTTT had jurisdiction to hear the matter because the supply of the acoustic wall systems was a contractual matter and the CTTT had jurisdiction to hear contractual matters. The court found that the Home Building Act 1989 (NSW) did not dictate that only involvement in physical work would confer jurisdiction. The court ordered that the matter be remitted to the CTTT for rehearing.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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