NSW Caselaw
New South Wales Supreme Court
CITATION : Jonsson v Arkway Pty Ltd & Anor [2005] NSWSC 304
HEARING DATE(S) : 15 February 2005
JUDGMENT DATE : 8 April 2005
JURISDICTION : Common Law Division, Administrative Law List
JUDGMENT OF : Master Harrison
DECISION : (1) The appeal is upheld; (2) The decision of Senior Tribunal Member Durie dated 28 September 2004 is set aside; (3) The matter is referred to the Tribunal to be dealt with according to law; (4) The first defendant is to pay the plaintiff's costs as agreed or assessed; (5) A certificate of indemnity should be granted to the first defendant in accordance with the Suitors' Fund Act, if appropriate.
CATCHWORDS : Appeal decision of CTTT - whether same Tribunal Member should conduct rehearing
Administrative Decisions (Judicial Review) Act 1975 (NSW) Consumer Credit Code LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) - s 67 Suitors' Fund Act 1951 (NSW)
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456 Jonsson v Arkway Pty Ltd & Anor [2003] NSWSC 815 Kalokerinos & Anor v HIA Insurance P/L & Anor [2004] NSWCA 312 CASES CITED : Krslovic Homes v Timothy Sparkes & Ors [2004] NSWSC 374 Northern NSW FM Pty Limited v Australian Broadcasting Tribunal (1990) 26 FCR 39 Re JRL: Ex parte CJL (1986) 161 CLR 342 Wentworth v Wentworth (NSWSC, unreported 6 February 1998; BC9800282)
Georgina Lucille Jonsson (Plantiff)
Arkway Pty Ltd PARTIES : (First Defendant)
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