MORGAN & ANOR v ROBERTS (Civil Dispute)

The matter before the tribunal involved two related applications filed by Janette and David Morgan against Glenn Roberts. The first, XD 15/800, was a claim for damages for breach of contract relating to a building dispute, while the second, XD 15/824, sought to amend the tribunal’s jurisdiction in the first matter. Roberts cross-claimed in XD 15/800 for outstanding debt and sought to have XD 15/824 dismissed. The tribunal was required to determine whether it had jurisdiction over the amended application, the appropriate set-off of debts, and whether the respondents were entitled to damages for breach of contract.

The primary legal issues before the tribunal were whether it had jurisdiction over the amendment application and if the respondents were entitled to damages for breach of contract after applying the set-off of acknowledged debt. The tribunal considered the applicable legislation and case law regarding tribunal jurisdiction and set-off principles. It found that the tribunal had jurisdiction to hear the amendment application and that the respondents were entitled to damages for breach of contract after applying the set-off of acknowledged debt.

In its decision, the tribunal first joined the two applications by consent and substituted Roberts as the respondent in XD 15/800. The tribunal acknowledged the debt owed by the Morgans to Roberts and set it off against the respondents' claim for damages for breach of contract, reducing the claim to $2,641.00. The tribunal ordered Roberts to pay the respondents $2,781.00, which included the filing fee and the net amount owed for damages after set-off. The tribunal dismissed the application XD 15/824 and ordered the Morgans to make available for collection by Roberts the fold-away bed he installed at their premises, which they had replaced.

The tribunal further ordered that the Morgans are to make available for collection by Roberts the fold-away bed installed by him at their premises, which they replaced. The parties are to arrange a mutually convenient time for collection by 24 February 2016.