NSW Caselaw
New South Wales Supreme Court
CITATION : Wallace v Curry & 2 Ors [2007] NSWSC 71
HEARING DATE(S) : 9 February 2007
JUDGMENT DATE : 14 February 2007
JURISDICTION : Common Law Division, Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is allowed in part; (2) Order (2) made by the Tribunal Member on 26 October 2005 is set aside; (3) Order (1) made by the Tribunal Member on 26 October 2005 is affirmed; (4) Costs are reserved.
CATCHWORDS : Appeal decision of CTTT - relocation of house
LEGISLATION CITED : Consumer Trader & Tenancy Tribunal Act 2001 (NSW) ss 28, 35, 65 & 67 Uniform Civil Procedure Rules 2005 (NSW) Part 50, Divisions 1 & 2
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456 CASES CITED : Italiano v Carbone & Ors [2005] NSWCA 177 Kalokerinos & Anor v HIA Insurance Services P/L & Anor [2004] NSWCA 312
Stanley Charles Wallace - Plaintiff PARTIES : Rondahh Curry - First Defendant John McDonald - Second Defendant Consumer Trader & Tenancy Tribunal - Third Defendant
FILE NUMBER(S) : SC 30044/2006
COUNSEL : Mr C S Ward - Plaintiff Mr G Carolan - First & Second Defendants
Capital Lawyers, Canberra - Plaintiff SOLICITORS : Higgins & Higgins - First & Second Defendants Crown Solicitor, Submitting Appearance - Third Defendant
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : HB 05/21909
LOWER COURT JUDICIAL OFFICER : Tribunal Member John Halliday
LOWER COURT DATE OF DECISION : 26 October 2005
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