MENER GROUP PTY LTD and HIPPYDAYZE PTY LTD

The matter between Mener Group Pty Ltd and Hippydayze Pty Ltd was heard before the State Administrative Tribunal of Western Australia. The dispute centred around the resolution of a complaint under the Building Services (Complaint Resolution and Administration) Act 2011 (WA). Mener Group sought leave to apply for an internal review of the Tribunal's decision, arguing that there were substantial errors in the Tribunal's final order. The legal issues the court needed to resolve included whether there was a breach of section 54(10) of the State Administrative Tribunal Act 2004 (WA), whether the principles of natural justice were breached when the mediator presided over the final hearing, and whether there were errors of law in the formulation of the final order. Additionally, Mener Group contended that the reasons provided by the Tribunal were inadequate and that, in the circumstances, a substantial injustice would be suffered if leave was not granted.

The court examined the reasons provided by the Tribunal and found them to be seriously inadequate. The reasons did not sufficiently explain the path of reasoning undertaken by the Tribunal, particularly in relation to the 'set-offs' applied in the final order. The court noted that the statutory requirement for reasons, as outlined in section 77 of the SAT Act, was not met. The Tribunal's reasons did not include findings on material questions of fact, nor did they provide adequate explanations for the decisions made. The court referenced the propositions established in Centex Australasia Pty Ltd v Commissioner for Consumer Protection, which emphasized the importance of reasons that allow an appeal court to determine whether the decision involved appellable error and to provide procedural fairness to the litigants. The court concluded that the inadequacy of the reasons resulted in a miscarriage of justice, as it was unable to discern the reasoning process of the Tribunal.

As a result of its findings, the court granted Mener Group's application for leave to apply for internal review. The decision acknowledged the substantial injustice that would be suffered if the inadequate reasons were not rectified. The court recognised the importance of adequate reasons in ensuring procedural fairness and the ability to properly review the Tribunal's decision. The final orders of the court allowed Mener Group to proceed with its application for internal review, providing an opportunity to address the issues of procedural fairness and the adequacy of reasons in the Tribunal's decision.