NSW Caselaw
New South Wales Supreme Court
Persian Art Gallery P/L v Lorang & Anor [2005] NSWSC 913 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 9 August 2005
JUDGMENT DATE : 9 September 2005
Common Law Division JURISDICTION : Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of Tribunal Member Deamer dated 10 March 2005 is quashed; (2) The matter is remitted to the CTTT for determination according to law; (3) The defendant is to pay the plaintiff's costs as agreed or assessed; (4) The defendant is to have a certificate under the Suitors' Fund Act
CATCHWORDS : Appeal decision of CTTT - damage to persian rug
Consumer Trader & Tenancy Tribunal Act 2001 (NSW) - ss 28(4), 35, 65(3), 67, 68(8) LEGISLATION CITED : Suitors' Fund Act
Kioa v West (1985) 159 CLR 550 Italiano v Carbone & Ors [2005] NSWCA 177 CASES CITED : Mah v Consumer Trader & Tenancy Tribunal [2005] NSWSC 476 Rowland v Consumer Trader & Tenancy Tribunal & Anor [2003] NSWSC 730
Persian Art Gallery Pty Limited (Plaintiff)
Margaret Lorang PARTIES : (First Defendant)
CTTT (Third Defendant)
FILE NUMBER(S) : SC 30044/2005
Mr M Rush (Plaintiff) COUNSEL : Mr R Weaver (First Defendant)
Mr A Daniels, Law Partners
Mr M Davidson, SOLICITORS : Davidsons Solicitors (First Defendant)
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