NSW Caselaw
New South Wales Supreme Court
CITATION : Beckley v Consumer, Trader and Tenancy Tribunal [2009] NSWSC 703
HEARING DATE(S) : 16 July 2009
JUDGMENT DATE : 30 July 2009
JURISDICTION : Common Law
JUDGMENT OF : Davies J
DECISION : (a) Declare that the Consumer, Trader and Tenancy Tribunal has jurisdiction to hear the application by the Plaintiff against Equity-One Mortgage Fund Limited dated 29 March 2007; (b) Order that the decision of the Tribunal dated 25 June 2007 whereby it determined that it did not have jurisdiction to hear the said application be quashed; (c) Order that the Tribunal hear the said application; (d) Order that the Second Defendant pay the Plaintiff's costs of the proceedings.
CATCHWORDS : CONSUMER CREDIT - credit protection - regulated contracts - tribunals - appeal from Consumer, Trader and Tenancy Tribunal - prerogative relief - whether Tribunal had jurisdiction to hear application - Tribunal determines that it has no jurisdiction because credit contract not subject to Credit Code - whether jurisdictional error - whether provision of credit for personal, domestic or household purposes - test for determining purpose pursuant to s 6(1)(b) Consumer Credit Code. ADMINISTRATIVE LAW - judicial review - grounds of review. ADMINISTRATIVE LAW - prerogative writs and orders - certiorari - Consumer, Trader and Tenancy Tribunal Act 2001 - s 65.
Consumer Credit (New South Wales) Act 1995 LEGISLATION CITED : Consumer Credit (Queensland) Act 1994 Consumer, Trader and Tenancy Tribunal Act 2001
Absolon v NSW TAFE [1999] NSWCA 311 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bahadori v Permanent Mortgages Pty Ltd [2008] NSWCA 150 Benjamin v Ashikian [2007] NSWSC 735 Craig v South Australia (1995) 184 CLR 163 Custom Credit Corporation Ltd (in liquidation) v Commercial Tribunal of New South Wales [1999] NSWSC 1021 CASES CITED : First Mortgage Managed Investments Ltd v Oberlechner [2006] NSWSC 1397 Jonsson v Arkway Pty Ltd [2003] NSWSC 815 Linkenholt Pty Ltd v Quirk [2000] VSC 166 Park Avenue Nominees v Boon [2001] NSWSC 700 Permanent Custodians Ltd v Upston [2007] NSWSC 223 Rafiqi v Wacal Investments Pty Ltd (1998) ASC 155-024 Shakespeare Haney Securities Ltd v Crawford [2009] QCA 8 Woodcrest Homes Pty Ltd v Fair Trading Tribunal [2002] NSWSC 552
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