Boghossian v Warner

The Supreme Court of New South Wales considered an appeal from a decision of the Consumer Claims Tribunal in a building dispute between Mr. Boghossian and Warner. The core of the dispute involved allegations that one of the proprietors of Warner had received a secret commission.

The Court was required to determine whether the Consumer Claims Tribunal had jurisdiction to hear the matter, specifically in relation to the alleged collateral contract and the receipt of a secret commission. A further issue concerned whether the Tribunal had denied natural justice to Mr. Boghossian by failing to serve him with a notice detailing the claim, despite his appearance and participation in the proceedings where he appeared to understand the case against him.

The Court reasoned that the Consumer Claims Tribunal did possess jurisdiction to deal with the dispute, including the allegations of a secret commission, as these matters were intrinsically linked to the building contract and fell within the Tribunal's remit. Regarding the natural justice point, the Court found that while there may have been an initial defect in service, Mr. Boghossian had subsequently participated in the proceedings and demonstrated a full understanding of the case he was facing. This participation effectively cured any initial procedural irregularity, meaning his right to natural justice was not ultimately infringed.

The appeal was dismissed, and Mr. Boghossian was ordered to pay the costs of the appeal.