NSW Caselaw
New South Wales Supreme Court
CITATION : Strathfield Real Estate (Management)Pty Ltd v Dushyanthira & Ors [2007] NSWSC 225
HEARING DATE(S) : 14/03/2007
JUDGMENT DATE : 21 March 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Orders made by the Tribunal (which bear the date 26 May 2006) are set aside. The matter is remitted to the Tribunal for further determination. The defendants are to pay the costs of the proceedings.
CATCHWORDS : Commission disputes - short reasons of Tribunal - denial of procedural fairness - statutory requirements - sufficiency of reasons - error as to jurisdiction.
LEGISLATION CITED : Consumer Trader & Tenancy Tribunal Act 2001 (NSW) Supreme Court Act 1970 (NSW)
CASES CITED : Craig v State of South Australia (1994) 184 CLR 163
Strathfield Real Estate (Management)Pty Ltd Shanthini Dushyanthira PARTIES : Thirugnanaselvam Dushyanthira VSA & Associates Pty Ltd t/as VSA Town & Country Real Estate Consumer Trader & Tenancy Tribunal
FILE NUMBER(S) : SC 30084/06
COUNSEL : Mr S.W. Balafoutis (Pl) Mr N. A. Confos (Def's)
SOLICITORS : Steve Walker & Associates (Pl) Otto Stichter & Associates (Def's)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : 06/04220
LOWER COURT JUDICIAL OFFICER : A senior Member
LOWER COURT DATE OF DECISION : 26/05/2006
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE MALPASS
21 MARCH 2007
30084/06 Strathfield Real Estate (Management) Pty Ltd v Shanthini Dushyanthira & Ors
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