NSW Caselaw
New South Wales Supreme Court
CITATION : MIKEL v DUDLEY & ORS [2008] NSWSC 1090
HEARING DATE(S) : Wednesday 15 October 2008
JUDGMENT DATE : 15 October 2008
JURISDICTION : Administrative Law
JUDGMENT OF : Hall J at 1
EX TEMPORE JUDGMENT DATE : 15 October 2008
DECISION : Appeal dismissed. Plaintiff is to pay the first and second defendants' costs
CATCHWORDS : ADMINISTRATIVE LAW – CONSUMER TRADER & TENANCY TRIBUNAL – appeal under s.67 of the Act against a Tribunal decision on a question with respect to a matter of law – relief also claimed under s.65 of the Act on basis of alleged breach of procedural fairness by Tribunal – complaints held to be challenges to findings of fact falling outside the ambit of s.67 of the Act – no breach of procedural fairness in Tribunal refusing to permit cross-examination of a party or in refusing to grant an application to join a third person to the proceedings – no obligation on Tribunal to exercise its power under s. 39 to call witnesses
Commercial Tribunal Act 1984 LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 Home Building Act 1989
Forrester v Harris Farm Pty Limited (1996) 129 FLR 431 CASES CITED : Kalokerinos v HIA Insurance Services Pty Limited [2004] NSWCA 312 Prentice v Cummins (No 6) [2003] FCA 1002
PARTIES : Frank MIKEL v Alison DUDLEY & ORS
FILE NUMBER(S) : SC No 30100 of 2007
COUNSEL : P: W S Veitch 1/2D: E Petersen
P: N/A SOLICITORS : 1/2D: Macquarie Legal Centre 3D: I V Knight (submitting appearance)
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