NSW Caselaw
New South Wales Supreme Court
CITATION : Anastasopoulos v Cleary & Ors [2003] NSWSC 1093 HEARING DATE(S) : 18 November 2003 JUDGMENT DATE : 26 November 2003
JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The appeal fails. The Summons is dismissed. The plaintiff is to pay the costs of the proceedings. The Exhibits are to be returned.
CATCHWORDS : Appeal from Tribunal - notice of application - was the plaintiff a party to the proceedings - denial of procedural fairness - Tribunal procedures. LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001. Home Building Act 1989, s 48G. CASES CITED : Cameron v Cole (1943) 68 CLR 571. Hoskins v Van Den-Braak (1998) 43 NSWLR 290. Vasilius Anastasopoulos (Plaintiff) v PARTIES : Bill Cleary (First Defendant) Cathy Cleary (Second Defendant) The Registrar, Consumer Traders & Tenancy Tribunal (Third Defendant) The Registrar, District Court of New South Wales (Fourth Defendant) FILE NUMBER(S) : SC 30066 of 2003 Mr P D Gray-Grzeszkiewicz (Plaintiff) COUNSEL : Mr E N Gramelis (First & Second Defendants) N/A (Third & Fourth Defendants) Leverage Australia Pty Ltd (Plaintiff) SOLICITORS : Levitt Robinson (First & Second Defendants) I V Knight - Crown Solicitor - Submitting Appearance (Third & Fourth Defendants)
LOWER COURT Consumer, Trader and Tenancy Tribunal JURISDICTION : LOWER COURT HB 03/05431 FILE NUMBER(S) : LOWER COURT Simon Hennings, Member JUDICIAL OFFICER :
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