NSW Caselaw
New South Wales Supreme Court
CITATION : Ross v CTTT & 2 Ors [2003] NSWSC 218 HEARING DATE(S) : 21 February 2003 JUDGMENT DATE : 28 March 2003 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The decisions of the Tribunal Member dated 28 June 2002 and 20 August 2002 are affirmed; (2) The summons is dismissed; (3) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal CTTT - ex parte hearing - refusal to grant rehearing Consumer, Trader and Tenancy Tribunal Act 2001 - ss 12; 65(3); 68 LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Regulations 2002 - Regulation 29 Judicial Review of Administrative Act 2nd ed, at 180-181 Holloway & Anor v The Residential Tenancy Tribunal & Ors [2001] NSWCA 209 Kioa v West (1985) 159 CLR 550 CASES CITED : R v Wallis; Ex p Employers Association of Wool Selling Brokers (1949) 78 CLR 529 Rylands Bros (Australia) Ltd v Morgan (1927) 27 SR (NSW) 161 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 McLaughlin v Westgarth (1906) 6 SR (NSW) 664 David Anthony Ross t/as Credit Accounting Consultancy (Plaintiff)
Consumer, Trader & Tenancy Tribunal of NSW (First Defendant) PARTIES : Kathy Thane (Second Defendant)
Trevor Leonard Dell (Third Defendant) FILE NUMBER(S) : SC 30083/2002 Mr A Searle (Plaintiff) COUNSEL : Mr R Weaver (Third Defendant) Mr G Francis of Sagacious Legal Pty Limited (Plaintiff)
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