NSW Caselaw
New South Wales Supreme Court
CITATION : Josevski v Henson [2004] NSWSC 726 HEARING DATE(S) : 10 August 2004 JUDGMENT DATE : 13 August 2004
JURISDICTION: Common Law Administrative Law List JUDGMENT OF : Master Malpass DECISION : The notice of motion is dismissed; the plaintiff is to pay the costs of the notice of motion; exhibits may be returned
CATCHWORDS : Appeal from Tribunal - jurisdiction - error as to onus of proof on the question of mitigation of damages and in the assessment of compensation - denial of natural justice - extension of time LEGISLATION CITED : Consumer, Trader & Tenancy Act 2001 s67 Residential Tenancies Act 1987 s78 Louie Josevski (First Plaintiff) Cveta Josevski (Second Plaintiff) PARTIES : Gregory Henson (First Defendant) Melinda Henson (Second Defendant) Consumer, Trader & Tenancy Tribunal (Third Defendant) FILE NUMBER(S) : SC 30105/03 COUNSEL : Mr R Colquhoun (Plaintiff) Ms J Needham (Defendant) Owen Hodge Lawyers (Plaintiffs) SOLICITORS : Simpson Freed Solicitors (First and Second Defendants) Crown Solicitor (Third Defendant)
LOWER COURT Consumer Trader and Tenancy Tribunal of NSW JURISDICTION : LOWER COURT RT 02/20859 FILE NUMBER(S) : LOWER COURT Member T Moore JUDICIAL OFFICER :
- 7 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
Master Malpass
Friday 13 August 2004
30105 of 2003 Louie Josevski & Anor v Gregory Henson & Ors
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