NSW Caselaw
New South Wales Supreme Court
CITATION : Washington Gray v Johannes Toroian & Ors [2003] NSWSC 763 HEARING DATE(S) : 12 August 2003 JUDGMENT DATE : 19 August 2003
JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : I dismiss the Summons. The plaintiff is to pay the costs of the Summons. The Exhibits may be returned.
CATCHWORDS : appeal on question of costs - powers of tribunal to award costs - in such circumstances as it thinks fit - is a decision on costs the deciding of a question with respect to a matter of law. Consumer, Trader and Tenancy Tribunal Act 2001, s 49 (3) (c), s 53, s 67. LEGISLATION CITED : Home Building Act 1989. Consumer, Trader and Tenancy Tribunal Regulation 2002, cl 20, cl 20 (4). CASES CITED : Eather & Anor v Rawson Homes & Anor [2003] NSWSC 439. Washington Gray Pty Ltd (Plaintiff) PARTIES : v Johannes Toroian and Rose Toroian (First Defendants) Consumer, Trader and Tenancy Tribunal of New South Wales (Second Defendant) FILE NUMBER(S) : SC 30026 of 2003 Mr N A Nicholls (Plaintiff) COUNSEL : Mr M Gracie (First Defendants) N/A (Second Defendant) Doyles Construction Lawyers (Plaintiff) SOLICITORS : Abigails Solicitors (First Defendants) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)
LOWER COURT Consumer, Trader & Tenancy Tribunal. JURISDICTION : LOWER COURT HB 00/72986 and HB 00/73480 FILE NUMBER(S) : LOWER COURT M Noone, Member JUDICIAL OFFICER :
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