Collings Homes & Anor v Greg Smith & Ors [2003] NSWSC 567

New South Wales Supreme Court

CITATION : Collings Homes & Anor v Greg Smith & Ors [2003] NSWSC 567 HEARING DATE(S) : 6 & 13 June 2003 JUDGMENT DATE : 25 June 2003

JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The appeal is allowed. This decision is remitted to the Tribunal and I order a rehearing of the proceedings by it. The first and second defendants are to pay the costs of the Summons. If so entitled they are to have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS : Appeal from Tribunal - a question with respect to a matter of law - no evidence rule and procedural fairness - Cross-Claims. Consumer Claims Act 1998, s 8 (2). Consumer, Trader and Tenancy Tribunal Act 2001, s 35, s 65, s 67, s 67 (1). LEGISLATION CITED : Fair Trading Act 1987, s 41, s 42, s 44, s 68. Suitors' Fund Act 1951. Trade Practices Act 1975 (Cth), s 52. Carpet Fashion Pty Ltd v The Consumer Claims Tribunal (Unreported NSWSC Ireland J 29 October 1992). CASES CITED : Eather & Anor v Rawson Homes & Anor [2003] NSWSC 439. Minister for Immigration and Ethnic Affairs v Pochi 31 ALR 666. Collings Homes Pty Ltd (First Plaintiff) Wayne Collings (Second Plaintiff) PARTIES : v Greg Smith (First Defendant) Annette Smith (Second Defendant) Consumer, Trader & Tenancy Tribunal (Third Defendant) FILE NUMBER(S) : SC 30075 of 2002 Mr P R Glissan (Plaintiffs) COUNSEL : Mrs S Higgins (First and Second Defendants) N/A (Third Defendant) Mervyn J Cathers & Co (Plaintiffs) SOLICITORS : Antony Lawyers (First and Second Defendants) I V Knight - Crown Solicitor - Submitting Appearance