NSW Caselaw
Fair Trading Tribunal New South Wales
CITATION: McLaughlin Building Services Pty Limited & McLaughlin v Bannister & Bradstreet [2000] NSWFTT 6 LIST: Rehearing Applications DIVISION: Home Building Division PARTIES: REHEARING APPLICANTS: McLaughlin Building Services Pty Limited & McLaughlin
ORIGINAL MATTER: McLaughlin Building Services Pty Limited & McLaughlin v Bannister & Bannister & Bradstreet FILE NUMBER: BU 1999/987; BU 1999/480 DATE OF DECISION: 10/04/2000
BEFORE: PH Molony Senior Member Home Building Act 1989 - ss93 94 7D Fair Trading Tribunal Act - 1998 - ss63 27 36 65 LEGISLATION CITED : 49 42 72 Fair Trading Tribunal Regulations 1999 - 19 8 Interpretation of Legislation Act 1987 Evidence Act 1995 - ss131 Home Building Amendment Act 1998 - cl 48 of Sch 4 - Super John Pty Ltd and 4 Ors v Futuris Rural Pty Ltd (1999) NSW SC 627 - Elderslie Finance Corporation Limited v ASC (1993) 11 ACLC 787 at 791 - Yunghanns and Ors and Yunghanns and Ors and Yunghanns (1999) Fam CA 64 - Scott v Numurkah Corporation (1954) 91 CLR 300 - Casa Maria P/L v Trend Properties P/L (unreported Ct of Appeal CA 40367/98 18 December 1998) - Artura Pty Ltd v Bluecrest Constructions P/L (unreported Santow J Equ D 3006/98 CASES CITED: 21 August 1998) - Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise P/L (unreported Brownie AJ Equ D 13 May 1999) - Maxwell v Murphy (1957) 96 CLR 261 Dixon CJ said at 267 - Fisher v Hepburn (1960) 105 CLR 188 at 194 Fullagher J - Walton v Baffsky (1975) 2 NSWLR 565 - Carr v Finance Corporation of Australia Ltd (1982) 42 ALR 29 at 38 - Mathieson v Burton (1971) 124 CLR1 CATCHWORDS: Denial of natural justice - request for extension of time to file an application for rehearing - substantial injustice - constitution of the Tribunal - mistakes as to the application of law - failure to insure residential building work - access to transcripts of proceedings - promotion of conciliation MATTER FOR DECISION: Application for rehearing ORDERS: 1. The applications for rehearing are refused.
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