BURRINGBAR REAL ESTATE CENTRE PTY LIMITED v ANTHONY JOHN RYDER & ORS [2008] NSWSC 779

New South Wales Supreme Court

CITATION : BURRINGBAR REAL ESTATE CENTRE PTY LIMITED v ANTHONY JOHN RYDER & ORS [2008] NSWSC 779 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : Monday 14 July 2008

JUDGMENT DATE : 31 July 2008

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

An order that the record of proceedings of the Consumer Trader and Tenancy Tribunal in proceedings numbered COM 07/50282, COM 07/49717 and COM 07/49721 and the orders made in each of the proceedings on 26 October 2007 be delivered up to this Court so that an order in the nature of certiorari can be made correcting the record and quashing the said orders made by the CTTT. DECISION : An order that the orders made in proceedings numbered COM 07/50282, COM 07/49717 and COM 07/49721 on 26 October 2007 be quashed and set aside. An order that each of the matters numbered COM 07/50282, COM 97/49717 and COM 07/49721 be remitted to the CTTT for re-hearing according to law. I grant leave to the parties to lodge within 14 days any written submission on costs.

CATCHWORDS : ADMINISTRATIVE LAW – whether breach of procedural fairness – whether breach of statutory obligations – where Tribunal has the discretion under regulations to proceed to hear a matter ex parte if a party has failed to attend the hearing – where party was waiting outside the hearing room but the court officer failed to approach it – whether prerogative relief would be futile

Administrative Appeals Tribunal Act LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 Property Stock & Business Agents Act 2002