Chand v Lifestyle Homes NSW* Pty Ltd [2009] NSWDC 335

New South Wales District Court

CITATION: Chand v Lifestyle Homes NSW* Pty Ltd [2009] NSWDC 335

HEARING DATE(S): 23 October 2009 and 5 November 2009

JUDGMENT DATE: 14 December 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

Orders - (1) The appeal is dismissed. (2) The plaintiffs are to pay the third defendant's costs of the proceedings, liability for which to be on a joint and several basis. DECISION: (3) The first and second defendants are to bear their own costs of the proceedings. (4) Note the intended submitting appearance of the first defendant, save as to costs. (5) Note the order made on 29 May 2009 by the Judicial Registrar removing the second defendant as a party to the proceedings. (6) Note the order made on 18 June 2009 by the Judicial Registrar joining the third defendant as a party to the proceedings. (7) Leave reserved to the plaintiffs to make an application by notice of motion in relation to the costs incurred by them as ordered by the Judicial Registrar on 18 June 2009.

CATCHWORDS: APPEAL - Against decision of Consumer, Trader and Tenancy Tribunal - Home Building Division - Whether a question with respect to a matter of law - Nature of the appeal - Whether available relief extends to judicial review - Doubt as to power of District Court to grant prerogative type relief - Distinction between judicial review and appeal on a pure question of law - Alleged denials of procedural fairness - Findings of fact not reviewable on appeal - Sufficieny of evidence - Functions of the Tribunal - Nature of proceedings before the Tribuanl - Adversarial not inquisitorial - Complaints not included in grounds of appeal unavailable - Costs