NSW Caselaw
New South Wales Supreme Court
CITATION : Kelly v Chulio & Ors [2007] NSWSC 677 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 25 June 2007
JUDGMENT DATE : 4 July 2007
JUDGMENT OF : Hoeben J at 1
DECISION : The time for the filing of the plaintiff's summons is extended to 29 November 2006; The plaintiff's summons is dismissed; The plaintiff is to pay the costs of the first and second defendants of these proceedings
CATCHWORDS : Appeal from decision of Consumer Trader and Tenancy Tribunal - whether denial of procedural fairness - did Tribunal decide matter on basis other than that argued before it - whether refusal of adjournment amounted to denial of procedural fairness.
LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001
House v R (1936) 55 CLR 499 CASES CITED : Italiano v Carbone [2005] NSWCA 177 Kioa v West (1985) 159 CLR 550 Touma v Saparas [2000] NSWCA 11
John Kelly trading as "Gardenscape Landscapes and Design" - Plaintiff PARTIES : Suzanne Chulio - First Defendant Antonio Chulio - Second Defendant The Consumer, Trader and Tenancy Tribunal - Third Defendant
FILE NUMBER(S) : SC 30163/2006
COUNSEL : Ms M Dolenec - Plaintiff Dr Doyle - Defendants
SOLICITORS : Baker McDonell Solicitors - Plaintiff The Builders' Lawyer - Defendants
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : HB 06/10633
LOWER COURT JUDICIAL OFFICER : Jeffery Smith Member Consumer, Trader and Tenancy Tribunal
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