NSW Caselaw
New South Wales Supreme Court
CITATION : Baltinos v Hodge & Ors [2003] NSWSC 1163 HEARING DATE(S) : 4 December 2003 JUDGMENT DATE : 9 December 2003 JURISDICTION: Comon Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The appeal is dismissed; (2) The plaintiff's amended summons dated 10 September 2003 is dismissed; (3) The decision of Senior Member Phillipps dated 5 June 2003 is affirmed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT, stay of proceedings - residential building claim Consumer, Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED : Fair Trading Act 1987 Fair Trading Tribunal Act Home Building Act 1989 CASES CITED : Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Sia (Athanasia) Baltinos (Plaintiff)
Robert J Hodge Constructions Pty Ltd (in liquidation) (First Defendant) PARTIES : Australand Holdings Limited (Second defendant)
Consumer, Trader & Tenancy Tribunal (Third Defendant) FILE NUMBER(S) : SC 30058/2003 Mr T Davie (First Defendant) COUNSEL : Mr D Ash (Second Defendant) Mr S Baltinos (Plaintiff)
Colin Biggers & Paisley (First Defendant) SOLICITORS : Minter Ellison (Second Defendant)
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