NSW Caselaw
New South Wales Supreme Court
CITATION : Alex Constructions Pty Limited v John Zavodnyik & Ors [2004] NSWSC 1152 HEARING DATE(S) : 29 November 2004 JUDGMENT DATE : 6 December 2004
JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass at 1 DECISION : The summons is dismissed; the plaintiff is to pay the costs of the summons.
CATCHWORDS : Appeal from Tribunal - ambit of appeal - where Tribunal decides a question with respect to a matter of law - arguments not raised in the Tribunal - "no evidence" grounds - questions of fact. LEGISLATION CITED : Consumer Trader & Tenancy Act 2001 Home Building Act 1989 Alex Constructions Pty Limited (Plaintiff) John Zavodnyik (First Defendant) PARTIES : Hanka Zavodnyik (Second Defendant) Graviplex Pty Limited (Third Defendant) Consumer Trader & Tenancy Tribunal (Fourth Defendant) FILE NUMBER(S) : SC 30086 of 2003 COUNSEL : Ms E Olsson SC & Mr E Muston (Plaintiff) Mr J Simpkins SC & Mr T Davey (First, Second and Third Defendants) MasseyBailey (Plaintiff) SOLICITORS : Colin Biggers & Paisley (First, Second & Third Defendants) Crown Solicitor (Fourth Defendant)
LOWER COURT Consumer Trader and Tenancy Tribunal of NSW JURISDICTION : LOWER COURT HB 01/82937 FILE NUMBER(S) : LOWER COURT Senior Member Phillips JUDICIAL OFFICER :
- 7 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
Master Malpass
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