Commissioner for Fair Trading v Jonval Builders Pty Ltd (No 2)

The matter before the court was an appeal by Jonval Builders Pty Ltd against a decision made by the Commissioner for Fair Trading, regarding amendments to a judgment. The Commissioner sought to amend a previous judgment to include additional reasons and to make other alterations to the judgment, while Jonval Builders contested the application on various grounds, including the existence of an appeal against the original decision. The case was heard in the New South Wales Civil and Administrative Tribunal.

The central legal issue in this case was whether the Tribunal had the jurisdiction to amend, vary, and set aside a judgment after it had been issued. The Commissioner argued that the Tribunal had the inherent jurisdiction to correct its own judgments and to make amendments when there was a misapprehension of law or other reasons that justified such alterations. Jonval Builders, on the other hand, contended that the existence of an appeal against the original judgment precluded the Tribunal from making any amendments, and that the amendments sought were beyond the scope of what was permissible under the law.

The Tribunal considered the principles governing the amendment of judgments and the circumstances in which such amendments may be appropriate. It noted that while the courts do have inherent jurisdiction to correct errors and amend judgments, this power is not absolute and must be exercised judiciously. The Tribunal found that there was no misapprehension of law in the original judgment and that the other reasons provided for the amendment did not justify altering the judgment. Additionally, the existence of an appeal against the original decision was a significant factor that weighed against making any amendments. As such, the application to amend the judgment was dismissed.

In conclusion, the Tribunal upheld the appeal by Jonval Builders and determined that the application to amend the judgment should not be granted. The Tribunal emphasised the importance of maintaining the integrity of the judicial process and the need to exercise caution when considering amendments to judgments. The existence of an appeal against a decision is a relevant factor that must be taken into account when deciding whether to grant an application to amend a judgment. No amendments were made to the original judgment in this case.