Doyle v Consumer Trader and Tenancy Tribunal & anor [2005] NSWSC 204

New South Wales Supreme Court

CITATION : Doyle v Consumer Trader and Tenancy Tribunal & anor [2005] NSWSC 204

HEARING DATE(S) : 18/11/04

JUDGMENT DATE : 17 March 2005

JUDGMENT OF : Hislop J

DECISION : Summons dismissed. Plaintiff to pay costs of the first and second defendants.

CATCHWORDS : Administrative Law - CTTT - Procedural matters - Telephone hearing - No denial of procedural fairness.

LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Act - ss 28, 35, 38(1), 65(3)

CASES CITED : Entrance to Glamour v Pignat [1999] NSWCA 475

Plaintiff - David Doyle PARTIES : First Defendant - Consumer Trader and Tenancy Tribunal Second Defendant - Virgin Blue Airlines Pty Limited

FILE NUMBER(S) : SC 30092/04

Plaintiff - in person SOLICITORS : First Defendant - submitting appearance Second Defendant - submitting appearance

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : GEN 04/41226

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

Hislop J

17 March 2005

30092/04 Dr David Doyle v Consumer Trader and Tenancy Tribunal & anor

JUDGMENT

Introduction

1 The plaintiff, by summons filed in this Court on 19 October 2004, claims: 1. An order in the nature of Mandamus and/or Certiorari under section 65 of the Consumer Trader and Tenancy Tribunal Act requiring the Consumer Trader and Tenancy Tribunal ("the Tribunal") to remake the decision made on 17 September 2004 in the matter number GEN 04/41226 according to law. 2. A declaration that the order made in the Tribunal on 17 September 2004 in the matter number GEN 04/41226 was made in breach of procedural fairness. 3. Costs of 29 August and 15 October in the Consumer Trader and Tenancy Tribunal and costs of these proceedings; 4. Such further or other orders as the Court thinks fit.