Bobb Borg v FTT & Anor [2002] NSWSC 504

New South Wales Supreme Court

CITATION : Bobb Borg v FTT & Anor [2002] NSWSC 504 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 13497/2001 HEARING DATE(S) : 30 May 2002 JUDGMENT DATE : 7 June 2002

Bobb Borg Partners Pty Limited t/as United Realty Liverpool (Plaintiff)

PARTIES : Department of Fair Trading (First Defendant)

John Robert Tozer (Second Defendant) JUDGMENT OF : Master Harrison

LOWER COURT FTT JURISDICTION : LOWER COURT CO 2001/396 FILE NUMBER(S) : LOWER COURT Tribunal Member David Baker JUDICIAL OFFICER :

Mr R Freeman COUNSEL : (Plaintiff)

N/A (First defendant) SOLICITORS : Mr Tozer (Second Defendant in person) CATCHWORDS : Appeal decision of FTT - Denial of natural justice LEGISLATION CITED : Fair Trading Tribunal Act 1998 Kioa v West (1985) 159 CLR 550 CASES CITED : Kearns & Anor v Fair Trading Tribunal of NEW & Anor [2001] NSWSC 951 Holloway v Chairperson of the Residential Tribunal (2001) 51 NSWLR 716; [2001] NSWCA 209 (5 July 2001) DECISION : (1) I make a declaration that the plaintiff was denied natural justice in proceedings heard on 21 September 2001; (2) The order of the FTT of 21 September 2001 is set aside; (3) The matter is referred to the FTT to be determined according to law; (4) The second defendant is to pay the plaintiff's costs. The second defendant is entitled to a certificate in respect of those costs under the Suitors Fund Act.