NSW Caselaw
New South Wales Supreme Court
CITATION : Italiano v Carbone & 2 Ors [2004] NSWSC 581 HEARING DATE(S) : 25 June 2004 JUDGMENT DATE : 2 July 2004 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) The orders of Tribunal Member Durie dated 26 June 2003 are affirmed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - whether a party was properly joined to proceedings Consumer, Trader and Tenancy Tribunal Act - s 65(3)(b) LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Regulation 2002 (NSW) Home Building Act 1989 (NSW) - ss7 & 92 Judicial Review of Administrtive Act, 2nd ed CDJ v VAJ (No 1) (1998) 197 CLR 172 Chapmans Ltd v Yandell (t/as Yandells) [1999] NSWCA 361 CASES CITED : Coulter v Regina (1988) 166 CLR 350 Kearns & Anor v Fair Trading Tribunal of NSW & Anor [2001] NSWSC 951 Kioa v West (1985) 159 CLR 550 Giovannai Italiano (Plaintiff)
Domenic Carbone (First Defendant) PARTIES : Consumer Trader and Tenancy Tribunal (Second Defendant)
Italiano's Painting and Decorating Pty Limited (Third Defendant) FILE NUMBER(S) : SC 30108/2003 Mr P Barham (Plaintiff) COUNSEL : Mr R W Tregenza (First Defendant) Stoikovich Macri (Plaintiff)
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