Lazic v Pacey and Ors [2009] NSWDC 72

New South Wales District Court

CITATION: Lazic v Pacey and Ors [2009] NSWDC 72

HEARING DATE(S): 31/03/2009 EX TEMPORE JUDGMENT DATE : 8 April 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

DECISION: The orders on the motion are as follows. The motion is dismissed, the respondents are to pay the appellants' costs of the motion. The outstanding motion and the appeal are listed for hearing on 27 April 2009, noting a time estimate of one day plus and with liberty to the parties to apply in the event that that date proves to be unsuitable.

CATCHWORDS: Appeal against the decision of the Consumer Tenancy and Trader Tribunal - the jurisdiction of the court to hear the matter - whether relief sought in nature - writ of certiorari

LEGISLATION CITED: Consumer Trader and Tenancy Tribunal Act 2001 District Court Act 1973

Ideal Waterproofing Pty Limited v BuildCorp Australia Pty Limited 2004 NSWSC 765 CASES CITED: Custom Credit in Liquidation v Commercial Tribunal of New South Wales 1999 NSWSC 1021 Italiano v Carbone 2005 NSWCA 177

Mladin Lazic (Plaintiff) PARTIES: Andrew Pacey (First Defendant) Lisa Pacey (Second Defendant)

FILE NUMBER(S): 014/09

COUNSEL: Mr Davies (Plaintiff) Mr Harrison (First Defendant and Second Defendant)

SOLICITORS: McDonald Johnson Lawyers (Plaintiff) Bilbie Dan (First Defendant and Second Defendant)

JUDGMENT

1 The appellant seeks to appeal against the decisions of the Consumer Tenancy and Trader Tribunal made in proceedings HB0715913 and HB0721941. The relief sought in respect of the Tribunal's decision appears in paragraphs 3 and 4 of the summons filed on 14 January 2009, namely: 3. That the judgment and orders of the court below be set aside. 4. That the matter be remitted for hearing in the court below.