NSW Caselaw
New South Wales Supreme Court
CITATION : Oubani v MCI Technologies P/L & Anor [2004] NSWSC 733 HEARING DATE(S) : 19 July 2004 JUDGMENT DATE : 17 August 2004 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The decision of Tribunal Member M Sainsbury dated 19 December 2003 is set aside; (2) The appeal is upheld; (3) The matter is remitted to the CTTT for determination according to law; (4) The first defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - jurisdiction - Supply of goods and services Consumer Claims Act 1998 (NSW) - ss 3 & 4 LEGISLATION CITED : Consumer, Trader and Tenancy Act 2001 (NSW) - s 7, s 67 Service and Execution of Process Act (1992) (Cth) - Part 4; ss 48 & 50 CASES CITED : Green v Western Star Trucks Australia P?L & North Star Motors (NSW) PIL [2002] NSWCTTT 495 Holloway & Anor v the Residential Tenancy Tribunal & Ors (2001) 51 NSWLR 716; [2001] NSWCA 209 Youssef Oubani (Plaintiff) MCI Technologies Pty Ltd (formerly known as Micro Corporation of Australia Pty Ltd PARTIES : (First Defendant)
CTTT (Second Plaintiff) FILE NUMBER(S) : SC 30007/2004 COUNSEL : Mr J Hogan-Doran First Defendant) Mr Paul Batley, Legal Aid NSW SOLICITORS : (Plaintiff)
Submitting Appearance (Second Defendant)
LOWER COURT Consumer Trader and Tenancy Tribunal of NSW JURISDICTION : LOWER COURT GEN 03/38055 FILE NUMBER(S) : LOWER COURT Tribunal Member M Sainsbury JUDICIAL OFFICER :
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