Carrick v Stainless Water Tanks Pty Ltd

The appeal in Carrick v Stainless Water Tanks Pty Ltd involved the applicant, Carrick, who sought leave to appeal against a decision of the Civil and Administrative Tribunal of New South Wales. The underlying dispute arose from a water tank installed by Stainless Water Tanks Pty Ltd, which collapsed, leading Carrick to claim there was a defect in the tank. The Tribunal found that the collapse resulted from insufficient footings that were not provided by the manufacturer. Consequently, the Tribunal dismissed Carrick’s claim. Carrick’s appeal focused on the Tribunal’s decision, arguing for a reversal on the basis that the tank was defective. The legal issues before the court were whether the grounds for leave to appeal were established, specifically if there was an error of law or a significant factual error in the Tribunal’s decision.

The court examined whether the appeal met the stringent criteria for leave to appeal in minor civil disputes, as outlined in section 88 of the Civil and Administrative Tribunal Act 2013 (NSW). The court noted that the Tribunal’s findings of fact were open to it, and no error of law was argued. Moreover, the report of a consultant regarding the tank’s failure was not accepted by the Tribunal, which found the collapse resulted from external factors. The court concluded that the Tribunal’s reasoning was sound, and there was no basis for finding that the Tribunal was in error. Therefore, the appeal did not present an arguable case that the Tribunal’s decision was flawed.

Consequently, the court found that the grounds for leave to appeal were not established. The court held that there was no arguable case that the Tribunal was in error in its findings or legal approach. The appeal was dismissed, and leave to appeal was refused.