NSW Caselaw
New South Wales Supreme Court
CITATION : Berou v CTTT & Anor [2007] NSWSC 1046
HEARING DATE(S) : 14 September 2007
JUDGMENT DATE : 20 September 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The decision of Tribunal Member Marzilli dated 2 August 2006 is affirmed; (3) The amended summons filed 19 June 2007 is dismissed; (4) The plaintiff is to pay the second defendant's costs as agreed or assessed.
CATCHWORDS : Prerogative relief - Decision of CTTT - denial of procedural fairness - error of law
LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) - ss 28, 35, 65 Home Building Act 1989 (NSW) - s 10
Italiano v Carbone [2005] NSWCA 177 CASES CITED : Maconachie v Kullenburg & Ors [2005} NSWCA 294 Milstern Retirements Services Pty Ltd v Carton & Ors [2006] NSWSC 937
George Berou trading as Berou Fabrication - Plaintiff PARTIES : Consumer Trader and Tenancy Tribunal - First Defendant Abdou Saad - Second Defendant
FILE NUMBER(S) : SC 30109/2006
COUNSEL : Mr A Canceri - Plaintiff Mr A T Martin - Second Defendant
CPC Lawyers - Plaintiff SOLICITORS : Submitting Appearance, Crown Solicitor - First Defendant Sid Hawach & Co - Second Defendant
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : HB06/13989; HB06/20693
LOWER COURT JUDICIAL OFFICER : Tribunal Member Claudio Marzilli
LOWER COURT DATE OF DECISION : 2 August 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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