Ung v Ng & Ors and Ng & Anor v Ung [2009] NSWDC 106

Reported Decision : 8 DCLR (NSW) 389

New South Wales District Court

CITATION: Ung v Ng & Ors and Ng & Anor v Ung [2009] NSWDC 106

HEARING DATE(S): 19 & 27 February 2009

JUDGMENT DATE: 16 June 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. In proceedings numbered 4311 of 2008 leave to appeal is granted; 2. Both appeals are allowed; DECISION: 3. The orders made by the Tribunal are set aside; 4. The proceedings are to be remitted to the Consumer, Trader and Tenancy Tribunal to be determined according to law; 5. Each party is to bear their own costs in relation to the appeals.

CATCHWORDS: ADMINISTRATIVE LAW – statutory appeals – power of Consumer, Trader and Tenancy Tribunal to make substantive amendments to its orders after its decision was communicated to the parties – whether proceedings should be remitted for determination according to law – MEDIATION – desirability of parties attempting to mediate and resolve matters in dispute prior to entry of judgment.

LEGISLATION CITED: Consumer, Trader and Tenancy Tribunal Act 2001 Courts and Crimes Legislation Amendment Act 2008

CASES CITED: House v The King (1936) 55 CLR 499

Carlos Ung (First Appellant/Defendant in the Tribunal) PARTIES: Michael Ng & Lai Ying Ng (Second Appellants/Plaintiffs in the Tribunal) The Consumer Trader and Tenancy Tribunal entered a submitting appearance

FILE NUMBER(S): 4311 of 2008; 4657 of 2008

COUNSEL: Ms M Dolenec (First Appellant/Defendant in the Tribunal) Ms K Welshman (Second Appellants/Plaintiffs in the Tribunal)

SOLICITORS: Sachs Gerace Lawyers (First Appellant/Defendant in the Tribunal) JA Buda & Associates (Second Appellants/Plaintiffs in the Tribunal)