NSW Caselaw
New South Wales Supreme Court
CITATION : McAuliffe v CTTT & Anor [2004] NSWSC 824 HEARING DATE(S) : 1 September 2004 JUDGMENT DATE : 9 September 2004 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The decision of Tribunal Member H E Moore dated 19 November 2003 is set aside; (2) The second defendant's application in the CTTT is dismissed; (3) The second defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - breach of tenancy agreement - pot plants Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) - s 67 LEGISLATION CITED : Crimes (Confiscation of Profits) Act 1988 (WA) - s 10 Residential Tenancies Act 1987 (NSW) - ss 3, 23, 57, 64 Supreme Court Rules 1970 (NSW) - Pt 51A r 2(b) Chapmans Ltd v Yandell (t/as Yandells) [1999] NSWCA 361 CDJ v VAJ (No 1) (1998) 197 CLR 172 CASES CITED : Coulter v Regina (1988) 164 CLR 350 House v The King (1936) 55 CLR 499 R v Rintel (1991) 52 A Crim R 209 Barbara Kay McAuliffe (Plaintiff)
PARTIES : Consumer Trader & Tenancy Tribunal (First Defendant)
Department of Housing (Second Defendant) FILE NUMBER(S) : SC 30006/2004 Mr D Murr SC with Ms M Fraser (Plaintiff) COUNSEL : Mr A Jungwirth (Second Defendant) Mr P Murphy (Plaintiff)
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