Irwin v F S Hough & Anor [2004] NSWSC 171

New South Wales Supreme Court

CITATION : Irwin v F S Hough & Anor [2004] NSWSC 171 HEARING DATE(S) : 15 March 2004 JUDGMENT DATE : 15 March 2004

JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The decisions made by the Tribunal on 19 September 2003 are set aside. The matter is returned to the Tribunal for determination in accordance with law. I reserve the question of the costs of the summons and allow Miss Dolenec time to research the question of whether or not the Suitors Fund Act 1951 applies to appeals from the Tribunal. It can be noted that the decisions are the decisions made on 19 September 2003 dismissing the plaintiff's application in the Tribunal and the other decision made by the Tribunal making orders against the plaintiff on the first defendant's application.

CATCHWORDS : Plaintiff not notified of listing date - orders made in her absence - denial of procedural fairness. LEGISLATION CITED : Suitors Fund Act 1951. CASES CITED : N/A Dawn Irwin (Plaintiff) PARTIES : v F S Hough Pty Limited (First Defendant) Consumer Trader & Tenancy Tribunal (Second Defendant) FILE NUMBER(S) : SC 30100 of 2003 COUNSEL : M Dolenec (Plaintiff) N/A (Defendants) Turnbull Bowles Lawyers Pty Limited (Plaintiff) SOLICITORS : Hunter Lawyers - Submitting Appearance (First Defendant) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)

LOWER COURT Consumer, Trader & Tenancy Tribunal JURISDICTION : LOWER COURT HB 03/05006; FILE NUMBER(S) : HB 02/52741 LOWER COURT Member Thane JUDICIAL OFFICER :