NSW Caselaw
New South Wales Supreme Court
CITATION : Giblin & Anor v Jammal & Anor [2003] NSWSC 604 HEARING DATE(S) : 30 June 2003 JUDGMENT DATE : 3 July 2003
JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The appeal is allowed and I set aside the order made by the Tribunal on 16 October 2002. If an order has been made as to costs, it is also set aside. I remit this decision to the Tribunal and order a rehearing of the proceedings by it. The first defendant is to pay the costs of these proceedings. If he is so entitled, he is to have a certificate under the Suitors' Fund Act 1951. The Exhibits may be returned.
CATCHWORDS : Construction of contract - decision by tribunal on a question with respect to a matter of law. LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001, s 67. Suitors' Fund Act 1951. CASES CITED : N/A Alan Giblin and Ester Giblin (Plaintiffs) PARTIES : v Samir Jammal (First Defendant) Consumer, Trader & Tenancy Tribunal (Second Defendant) FILE NUMBER(S) : SC 30109 of 2002 Mr M Ashhurst (Plaintiffs) COUNSEL : Mr G A Sirtes (First Defendant) N/A (Second Defendant) Somerville & Co Solicitors (Plaintiffs) SOLICITORS : Watson Stafford (First Defendant) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)
LOWER COURT Consumer, Trader & Tenancy Tribunal JURISDICTION : LOWER COURT BU 99/77207 and BSY 97/70540 FILE NUMBER(S) : LOWER COURT G Durie, Senior Member JUDICIAL OFFICER :
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