Fair Trading v Owners Corporation Strata Plan 46789 [2004] NSWSC 443

New South Wales Supreme Court

CITATION : Fair Trading v Owners Corporation Strata Plan 46789 [2004] NSWSC 443 HEARING DATE(S) : 03/03/04 JUDGMENT DATE : 25 May 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 57

CATCHWORDS : Contracts: Agreement to compromise part of a claim in the Consumer, Trader & Tenancy Tribunal of NSW. Appeal from Tribunal as a matter of law. Held that agreement not as extensive as found by Tribunal. Appeal allowed and matter remitted to Tribunal for further consideration. Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) LEGISLATION CITED : Building Services Corporation Act 1989 (NSW) Building Services Corporations Regulations 1990 (NSW) Building Services Corporation Legislation Amendment Act 1996 (NSW) Custom Credit Corporation Limited (In Liquidation) v Commercial Tribunal of New South Wales & Ors [1999] NSWSC 1021 Custom Credit Corporation Limited v Commercial Tribunal of New South Wales & Ors (1993) 32 NSWLR 489 CASES CITED : Canham & Ors v Australian Guarantee Corporation Limited & Anor (1990) ASC 55-984 British Launderers' Research Association v Borough of Hendon Rating Authority [1949] 1 KB 462 at 471-472 Metwally (No 2) v University of Wollongong v (1985) 60 ALR 68 at 71-72; 59ALJR 481 at 483: PARTIES : Fair Trading Administration Corporation, v Owners Corporation Strata Plan 46789 & Consumer, Trader and Tenancy Tribunal of New South Wales FILE NUMBER(S) : SC 55056 of 2003 COUNSEL : Mr G.A. Sirtes for plainiff Mr S.A. Kerr for first defendant D. Catt solicitor for plaintiff SOLICITORS : Mallesons Stephen Jaques for first defendant Crown Solicitor - Submitting appearance for second defendant