NSW Caselaw
New South Wales Supreme Court
CITATION : Elias & 1 Ors v Consumer, Trader and Tenancy Tribunal & 1 Ors [2006] NSWSC 692
HEARING DATE(S) : 6 July 2006
JUDGMENT DATE : 12 July 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The challenge to the orders fails. The Summons is dismissed. The Plaintiffs are to pay the costs of the Summons. The Exhibit may be returned.
CATCHWORDS : Litigants in person: bypass rehearing procedure - the procedure established by the legislature to review findings of fact - jurisdictional limitations of this Court to deal with challenges to Tribunal decisions - no duty to explain or discuss decision - decision finalises the hearing of the applications - misconceived serious allegation of bias - no entitlement to relief.
LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001, ss 65, 67
Norman Naseem Elias (First Plaintiff) PARTIES : Swee Kheng Leong (Second Plaintiff) Consumer, Trader and Tenancy Tribunal (First Defendant) Jandson Pty Ltd (Second Defendant)
FILE NUMBER(S) : SC 11056/06
In person (First and Second Plaintiffs) COUNSEL : Submitting appearance (First Defendant) Mr G A Kinsey (Second Defendant)
Not represented (First and Second Plaintiffs) SOLICITORS : I V Knight, Crown Solicitor (First Defendant) G A Kinsey, Solicitor (Second Defendant)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : HB 04/50431 HB 04/58970
LOWER COURT JUDICIAL OFFICER : Tribunal Member, G.G. O'Keeffe
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