NSW Caselaw
New South Wales Supreme Court
CITATION : Koma v CTTT & Anor [2007] NSWSC 110 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 14 February 2007
JUDGMENT DATE : 23 February 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The summons filed 25 November 2005 is dismissed; (3) The orders of Senior Tribunal Member Durie dated 28 October 2005 are affirmed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - amend claim after 3 days of hearing to raise new issue
LEGISLATION CITED : Consumer Trader and Tenancy Act 2001 (NSW) ss 28, 32, 35, 65 & 67
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456 Italiano v Carbone & Ors [2005] NSWCA 177 CASES CITED : Kalokerinos & Anor v HIA Insurance Services P/L & Anor [21004] NSWCA 312 Ketteman v Hansel Properties [1987] AC 189 State of Queensland v J L Holdings (1997) 189 CLR
Jalal Koma - Plaintiff PARTIES : Consumer Trader & Tenancy Tribunal - First Defendant Brunet Development and Construction Pty Ltd - Second Defendant
FILE NUMBER(S) : SC 30104/2005
COUNSEL : Mr T Rickard - Plaintiff
Hopper & Co Lawyers - Plaintiff SOLICITORS : Submitting Appearance - First Defendant Mr P J Adams, Adams & Partners Lawyers - Second Defendant
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
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