OBIETA v CONSUMER, TRADER AND TENANCY TRIBUNAL NSW [2009] NSWCA 220

New South Wales Court of Appeal

CITATION: OBIETA v CONSUMER, TRADER AND TENANCY TRIBUNAL NSW [2009] NSWCA 220 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 23 July 2009

JUDGMENT DATE: 23 July 2009

JUDGMENT OF: Basten JA at 1

EX TEMPORE JUDGMENT DATE: 23 July 2009

(1) Direct that the application for leave to appeal be listed separately from the hearing of the appeal (if any); (2) refuse the application for a stay of the proceedings in the District Court; DECISION: (3) the application for an order that reasons for the decision of the Judicial Registrar be provided is refused but the applicant has leave to provide a copy of these reasons to the District Court; (4) direct that the application for leave to appeal be listed as soon as convenient and that the parties be notified of the date of that hearing; (5) reserve the costs of today.

CATCHWORDS: APPEAL - statutory appeal - limited to decision on question of law - availability of judicial review - bifurcated jurisdiction - PROCEDURE - application for leave to appeal - order removing Tribunal as party to statutory appeal - PROCEDURE - application for stay pending leave application - whether application had reasonable prospects of success - PROCEDURE - jurisdiction of District Court - power to grant relief by way of judicial review

Civil Procedure Act 2005 (NSW), ss 3, 140, 144 LEGISLATION CITED: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 65, 67 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 6.29, 50.5