CALLAGHAN v CONSUMER CLAIMS TRIBUNAL and ANOR [1997] NSWCA 58

CALLAGHAN v CONSUMER CLAIMS TRIBUNAL and ANOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER and HANDLEY JJA 17 November 1997

[1997] NSWCA 58

Handley JA This is an application by Mr Callaghan, appearing in person, for leave to appeal from a decision of Dunford J sitting in the Administrative Law Division. The proceedings before Dunford J arose out of prolonged proceedings between Mr Callaghan and Castor Holdings Pty Ltd t/as OZ-Tech TV Video HiFi Services in the Consumer Claims Tribunal. The order of the Tribunal that is currently in force was made in February this year and was that the company pay Mr Callaghan $140 and, on making such payment, that it be entitled to retain as its own property, Mr Callaghan's television set.

The Supreme Court has only very limited powers to entertain proceedings to review a decision of the Consumer Claims Tribunal Act. These flow from s12 of the Consumer Claims Tribunal Act which provides:

"12. (1) Except as provided by subs(2), a court of record has no jurisdiction to grant relief or a remedy by way of:

(a) a judgment or order in the nature of prohibition, mandamus, certiorari or other prerogative writ;

(b) a declaratory judgment or order; or

(c) an injunction,

in respect of a consumer claim heard and determined or to be heard or determined by a tribunal in accordance with this Act or in respect of any ruling, order or other proceeding relating to such a claim.

(2) A court is not precluded from granting relief or a remedy of a kind referred to in subs(1) if, in respect of a consumer claim:

(a) a tribunal has given a ruling under s26 or refused or failed to give such a ruling after the jurisdiction of the tribunal to hear and determine the claim has been disputed by a party to the claim and the ground on which the relief or remedy is sought is that: