NSW Caselaw
New South Wales Supreme Court
CITATION : Holden Limited & Anor v Andrew Eagleston & Anor [2004] NSWSC 779 HEARING DATE(S) : 25 August 2004 JUDGMENT DATE : 3 September 2004
JURISDICTION: Common Law Administrative Law List JUDGMENT OF : Master Malpass at 1 DECISION : The summons is dismissed; the plaintiff is to pay the costs of the summons; the exhibits may be returned.
CATCHWORDS : Decision with respect to a matter of law - jurisdiction - lack of reasons - statutory duties - denial of procedural fairness and error of law. LEGISLATION CITED : Consumer Claims Act 1998 Consumer Trader & Tenancy Tribunal Act 2001 Holden Limited (First Plaintiff) PARTIES : Heartland Motors Pty Limited t/as Heartland Holden Parramatta (Second Plaintiff) Andrew James Eagleston (First Defendant) Consumer, Trader & Tenancy Tribunal (Second Defendant) FILE NUMBER(S) : SC 30028/04 COUNSEL : Mr R Horsley (First and Second Plaintiffs) Mr S Balafoutis (First Defendant) Gillis Delaney Brown (First and Second Plaintiffs) SOLICITORS : Wight & Strickland (First defendant) Crown Solicitor (Second defendant)
LOWER COURT Consumer Trader and Tenancy Tribunal of NSW JURISDICTION : LOWER COURT 03/5204 FILE NUMBER(S) : LOWER COURT Member J Farey JUDICIAL OFFICER :
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
Master Malpass
Friday 3 September 2004
30028 of 2004 Holden Limited & Heartland Motors Pty Limited t/as Heartland Holden Parramatta v Andrew James Eagleston & Consumer, Trader & Tenancy Tribunal of New South Wales
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