Obieta v Consumer, Tenancy and Trading Tribunal (No 2) [2009] NSWCA 249

Appeal Outcome: Special leave dismissed by the High Court, 30 March 2010 s230/2009 [2010] HCASL 39

New South Wales Court of Appeal

CITATION: Obieta v Consumer, Tenancy and Trading Tribunal (No 2) [2009] NSWCA 249

HEARING DATE(S): 6 August 2009

JUDGMENT DATE: 6 August 2009

JUDGMENT OF: Hodgson JA at [1], [19]; Basten JA at [18]

EX TEMPORE JUDGMENT DATE: 6 August 2009

1. Grant leave to appeal from the order of the judicial registrar made 29 May 2009, strictly limited to the question whether the District Court has jurisdiction to grant relief under s 65 of the CTTT Act. 2. Notice of appeal adding Women's Housing Company Limited as a respondent to be filed within fourteen days with the grounds of appeal limited to the issue I have identified. DECISION: 3. Refer the applicant to the registrar for reference to a barrister on the pro bono panel for legal assistance for representation generally in the conduct of the appeal. 4. The hearing of the appeal expedited. 5. The filing of appeal books be dispensed with, but there be added to the white book the reasons of the judicial registrar and submissions directed to the specific point identified in these reasons. 6. The costs of the application for leave to be costs in the appeal.

CATCHWORDS: PROCEDURE – Appeal to District Court from CTTT – Whether jurisdiction of District Court extends to judicial review under the Consumer, Trader and Tenancy Tribunal Act 2001, s 65.

Civil Procedure Act 2005 s 3 Consumer, Trader and Tenancy Tribunal Act 2001, s 65, s 67 LEGISLATION CITED: District Court Act 1973, s 4, s 44 Supreme Court Act 1970, s 48, s 53 and cl 9 of the fourth schedule Uniform Civil Procedure Rules 6.29 and 50.52