Yazbeck & Yazbeck v Abreu, Abreu & Consumer, Trader & Tenancy Tribunal [2010] NSWDC 113

New South Wales District Court

CITATION: Yazbeck & Yazbeck v Abreu, Abreu & Consumer, Trader & Tenancy Tribunal [2010] NSWDC 113

HEARING DATE(S): 17 June 2010

JUDGMENT DATE: 24 June 2010

JURISDICTION: Civil

JUDGMENT OF: Truss DCJ

1. Order that [1] and [2] of the summons be struck out. DECISION: 2. Order that the matter be re-listed for hearing for determination of the relief sought under s 67. 3. Grant liberty to apply in relation to costs.

CATCHWORDS: jurisdiction - prerogative relief - s 65 Consumer, Trader and Tenancy Tribunal Act 2001

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

Dayeian v Davidson [2010] NSWCA 42 CASES CITED: Lazic v Pacey & Ors [2009] NSWDC 72 Obieta v Consumer, Trader and Tenancy Tribunal NSW (No 1) [2009] NSWCA 220 Obieta v Consumer, Tenancy and Trading Tribunal (No. 2) [2009] NSWCA 249

Maggie Yazbeck (first plaintiff) Milad Mark Yazbeck (second plaintiff) PARTIES: John Abreu (first defendant) Aida Abreu (second defendant) Consumer, Trader & Tenancy Tribunal (third defendant)

FILE NUMBER(S): 2010/100315

COUNSEL: Mr W Veitch (plaintiffs) Mr B Pluznyk (first and second defendants)

SOLICITORS: Joseph G Capogreco & Associates (first and second defendants)

JUDGMENT

1 As a preliminary issue the Court was required to consider whether it has the jurisdiction to grant the relief sought by the plaintiffs under s 65 of the Consumer, Trader and Tenancy Tribunal Act 2001.

2 In the summons filed 23 February 2010, the plaintiffs relevantly seek the following relief: 2. An order in the nature of certiorari quashing the decision of the third defendant, Consumer, Trader and Tenancy Tribunal (CTTT), made on 23 November 2009. 3. An order in the nature of mandamus that the third defendant hear and determine the plaintiffs' claim.