De-Bourbon v Bennies & Anor [2007] NSWSC 1179

New South Wales Supreme Court

CITATION : De-Bourbon v Bennies & Anor [2007] NSWSC 1179

HEARING DATE(S) : 19/10/2007 JUDGMENT OF : Associate Justice Malpass

EX TEMPORE JUDGMENT DATE : 19 October 2007

DECISION : The Summons is dismissed. The plaintiff is to pay any costs incurred by the defendant.

CATCHWORDS : Denial of natural justice - non-appearance - medical certificate forwarded to Tribunal - no appeal from refusal of rehearing

LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 (NSW)

Phillipe De-Bourbon (Pl) PARTIES : Gunter William Bennies (1st Def) Consumer, Trader and Tenancy Tribunal (2nd Def)

FILE NUMBER(S) : SC 13276/07

COUNSEL : In person (Pl) In person (1st Def)

SOLICITORS : Crown Solicitor (2nd Def) (submitting appearance)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : n/a

LOWER COURT JUDICIAL OFFICER : C. Murphy

LOWER COURT DATE OF DECISION : 13/02/2007

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE MALPASS

19 OCTOBER 2007

13276/07 Phillipe De-Bourbon v Gunter Willie Bennies & Anor

JUDGMENT 1 HIS HONOUR: In these proceedings, the evidence placed before the Court could be described as grossly inadequate. As a consequence, what has happened between the parties is largely a matter for speculation. Both parties are self-represented. 2 It appears that the defendant did some work for the plaintiff and that the former considered that part payment only had been made. The defendant brought an application in the Consumer, Trader and Tenancy Tribunal (the Tribunal). 3 A hearing took place on 13 February 2007. The plaintiff did not attend. Apparently, he had sent a medical certificate to the Tribunal. The Tribunal proceeded with the hearing and made an order (presumably in the sum of about $1,000.00). 4 Application was made for a re-hearing. Apparently, that application was rejected. Presumably that happened in February or March this year.