Concrete Construction Systems Pty Ltd v Inglese

Case [2025] VSCA 218


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCI 2024 0061
CONCRETE CONSTRUCTION SYSTEMS PTY LTD
(ACN 156 347 107)
Applicant
v
GIUSEPPE INGLESE First Respondent
AND
GWYNNETH INGLESE Second Respondent

---

JUDGES: Walker, Lyons and Richards JJA
WHERE HELD: Melbourne
DATE OF HEARING: 16 June 2025
DATE OF JUDGMENT: 11 September 2025
MEDIUM NEUTRAL CITATION: [2025] VSCA 218
JUDGMENT APPEALED FROM: [2024] VSC 266 (Harris J)

---

ADMINISTRATIVE LAW – Effect of order dismissing proceeding under s 78(2)(b)(i) of the Victorian Civil and Administrative Tribunal Act 1998 – Order sought by respondent/applicant by counterclaim in domestic building dispute – Conduct of applicant disadvantageous and prejudicial to respondent/applicant by counterclaim – Order found to have intended to dismiss both claim and counterclaim in proceeding – Victorian Civil and Administrative Tribunal Act 1998, ss 78(2)(b)(i), 120.

STATUTORY INTERPRETATION – Scope of power and meaning of ‘proceeding’ in s 78 of the Victorian Civil and Administrative Tribunal Act 1998 – Legislative intention to establish Tribunal as flexible, low-cost and informal forum to achieve just result in most efficient way – Purpose of provision to enable appropriate response to disadvantageous conduct by one party – Broad and flexible construction preferred – Victorian Civil and Administrative Tribunal Act 1998, s 78(2) – ACN 115 918 959 Pty Ltd (formerly known as Pearl Hill Pty Ltd) v Moulieris [2022] VSC 555; ACN 115 918 959 Pty Ltd (formerly known as Pearl Hill Pty Ltd) v Moulieris [2024] VSCA 71, considered.

ADMINISTRATIVE LAW – Whether appeal available from Tribunal reasons – No evidence of legislative intent to provide appeal from Tribunal’s reasons for order – No appeal lies from Tribunal’s reasons – Victorian Civil and Administrative Tribunal Act 1998, ss 117(6), 148(1) – Marke v Victoria Police [2021] VSC 483; Goodrich v Racing Victoria Racing Appeals and Disciplinary Board [2019] VSC 248; O’Bryan v Lindholm (2024) 74 VR 496, considered.

---

Counsel

Applicant: Mr JR Gurr KC with Mr NA Andreou
Respondents: Mr JA Tesarsch

Solicitors

Applicant: Robert James Lawyers
Respondents: Lovegrove & Cotton

WALKER JA
LYONS JA
RICHARDS JA:

  1. In April 2015, Giuseppe and Gwynneth Inglese (the ‘Ingleses’) entered into a domestic building contract with Concrete Construction Systems Pty Ltd (‘Concrete’), to build 66 residential units on land owned by the Ingleses at 267–280 Maroondah Highway, Ringwood, Victoria. Although the works reached practical completion in October 2016, the parties were in dispute about the performance of the contract. Concrete sought payment for variation works, while the Ingleses claimed the cost of rectifying defects.

  2. On 17 November 2017, Concrete filed a claim against the Ingleses in the Victorian Civil and Administrative Tribunal (‘Tribunal’), seeking payment for variations and other amounts it claimed to be owed under the contract. The Ingleses filed a defence and counterclaim on 30 April 2018, seeking liquidated damages for delays and damages for the cost of rectifying defects. Both the claim and the counterclaim were for about $2,200,000.

  3. On 16 September 2020, the Tribunal…

Continue reading Concrete Construction Systems Pty Ltd v Inglese

Sign in free to access the full text

Details
AGLC
Concrete Construction Systems Pty Ltd v Inglese [2025] VSCA 218
Case
[2025] VSCA 218
Decision Date

CaseChat Overview and Summary

The case of Concrete Construction Systems Pty Ltd v Inglese, heard in the Supreme Court of Victoria, concerns a dispute arising from a domestic building contract. The respondent, Inglese, sought an order under section 78(2)(b)(i) of the Victorian Civil and Administrative Tribunal Act 1998, dismissing a claim brought by Concrete Construction Systems Pty Ltd on the grounds that the claim was disadvantageous and prejudicial. Concrete Construction Systems subsequently filed a counterclaim. The primary issue before the court was whether the order dismissing the claim also effectively dismissed the counterclaim and whether the appeal was available from the Tribunal’s reasons.

The court considered the scope of the term 'proceeding' in section 78 of the Act, focusing on the legislative intent to establish the Tribunal as a flexible and efficient forum. It was determined that the Tribunal's intention in dismissing the claim was also to dismiss the counterclaim, given that the order was aimed at addressing the overall disadvantageous conduct by Concrete Construction Systems. The court also examined the relevant case law, including ACN 115 918 959 Pty Ltd v Moulieris, to support its interpretation of the term 'proceeding'. The court concluded that the dismissal of the claim inherently included the dismissal of the counterclaim.

Further, the court addressed the issue of whether an appeal was available from the Tribunal's reasons for the order. It found that there was no evidence of legislative intent to provide for an appeal from the Tribunal's reasons, and thus, no appeal lay from the Tribunal’s reasons. This conclusion was supported by the cases of Marke v Victoria Police, Goodrich v Racing Victoria Racing Appeals and Disciplinary Board, and O’Bryan v Lindholm.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.