NSW Caselaw
New South Wales Supreme Court
CITATION : Sam Robert Dragut t/as Sam's Bathrooms v CTTT & 2 Ors [2004] NSWSC 819 HEARING DATE(S) : 31 August 2004 JUDGMENT DATE : 7 September 2004 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The decision and orders made by the CTTT on 28 November 2002 are affirmed; (2) The appeal is dismissed; (3) The plaintiff's amended summons filed 22 October 2003 is dismissed; (4) The plaintiff is to pay the second and third defendants' costs as agreed or assessed.
CATCHWORDS : Appeal from decision of CTTT - alleged non-receipt of notice of hearing - denial of procedural fairness LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) - s 65(3)(b) CASES CITED : Kioa v West (1985) 159 CLR 550 Sam Robert Dragut t/as Sam's Bathrooms (Plaintiff)
Consumer, Trader & Tenancy Tribunal (First Defendant) PARTIES : Nadiene Anne Wallace (Second Defendant)
Evet Zieleman (Third Defendant) FILE NUMBER(S) : SC 30082/2003 Mr D C Fitzgibbon (Plaintiff) COUNSEL : Mr G Elliott (Second & Third Defendants) Woodgate Lawyers (Plaintiff)
Submitting Appearance SOLICITORS : (First Defendant)
Ms F Frischer, Office of Fair Trading (Second & Third Defendants)
LOWER COURT Consumer Trader and Tenancy Tribunal of NSW JURISDICTION : LOWER COURT HB0242162 FILE NUMBER(S) : LOWER COURT N/A JUDICIAL OFFICER :
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