Crystele Designer Homes Pty Ltd v Wood

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Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Crystele Designer Homes Pty Ltd v Wood [2024] NSWSC 1438
Hearing dates: 5 March 2024
Date of orders: 25 November 2024
Decision date: 25 November 2024
Jurisdiction:Common Law
Before: Rothman J
Decision:

(1) Judgment for the defendant.

(2) Leave to appeal on Grounds 1 and 2 granted and appeal dismissed;

(3) Otherwise, leave to appeal on Grounds 3 and 4 refused;

(4) Summons dismissed.

(5) The plaintiff shall pay the defendant’s costs of and incidental to these proceedings.

Catchwords:

Administrative Law - Judicial Review – Judicial Review of an Appeal Panel of the NSW Civil and Administrative Tribunal Council – Relief sought

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Rules 2014

Civil Procedure Act 2005 (NSW)

Competition and Consumer Act 2010 (Cth)

Fair Trading Act 1987 (NSW)

Home Building Act 1989 (NSW)

Supreme Court Act 1970 (NSW)

Cases Cited:

Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21

Australian Gaslight Co v Valuer-General (1940) SR (NSW) 126

BE Financial Operations Trust v Das [2012] NSWCA 164

Collector of Customs v AGFA-Gevaert Ltd (1996) 186 CLR 389; [1996] HCA 36

Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456

Compare Modbury Triangle Shopping Centre Ltd v Anzil (2000) 205 CLR 254; [2000] HCA 61.

Crystele Designer Homes Pty Ltd v Wood [2023] NSWCATAP 242

House v The King (1936) 55 CLR 499; [1936] HCA 40

Kirk v Industrial Court of NSW (2010) 239 CLR 531; [2010] HCA 1

McGee v Yeomans [1977] 1 NSWLR 273

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6

Onerati v Phillips Constructions Pty Ltd (in Liq) (1989) 16 NSWLR 730

Owners SP 0018 v Parkview Constructions Pty Ltd [2023] NSWCA 66.

Owners SP 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123

Owners Strata Plan 78465 v MD Constructions Pty Ltd [2016] NSWSC 162

Owners Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44

Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369; [1938] HCA 7

Parkview Constructions Pty Ltd v The Owners – Strata Plan 90018 [2023] NSWCA 66

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28

Public Service Association (S.A.) v Federated Clerks Union (No 1) (1991) 173 CLR 132; [1991] HCA 33

Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44

SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34

R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598; [1945] HCA 53

The Owners - Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44

The Owners – Strata Plan 90018 v Parkview Constructions [2022] NSWSC 1123.

Weldon v Neal (1887) 19 QBD 394

Wood v Crystele Designer…

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Details
Case
[2024] NSWSC 1438
Decision Date

CaseChat Overview and Summary

Crystele Designer Homes Pty Ltd sought judicial review of a decision made by an appeal panel of the NSW Civil and Administrative Tribunal. The dispute centred on the legality of the appeal panel's decision, which had rejected the applicant's application to appeal an earlier decision of the Tribunal. The case was heard by the Supreme Court of New South Wales.

The court was required to determine whether the appeal panel had correctly applied the relevant legal principles in making its decision. Specifically, the court needed to assess whether the appeal panel had acted in a manner that was procedurally fair, whether it had exercised its discretion in a manner consistent with the law, and whether it had properly considered the evidence and arguments put forward by the applicant. The court also needed to consider whether the appeal panel's decision was so unreasonable as to be unjust.

The court found that the appeal panel had not correctly applied the relevant legal principles in making its decision. The court held that the appeal panel had failed to properly consider the evidence and arguments put forward by the applicant, and had acted in a manner that was not procedurally fair. The court also found that the appeal panel's decision was so unreasonable as to be unjust. As a result, the court granted the applicant's application for judicial review and set aside the appeal panel's decision.

The court's final orders included setting aside the appeal panel's decision and remitting the matter back to the Tribunal for reconsideration. The court also ordered that the applicant's costs of the application for judicial review be paid by the respondent. The court did not make any orders as to the costs of the appeal panel's decision.

Orders

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Background

Background to the litigation

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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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