NSW Caselaw
New South Wales Supreme Court
CITATION : Brennan v Consumer, Trader & Tenancy Tribunal & Anor [2010] NSWSC 1240 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 25 October 2010
JUDGMENT DATE : 2 November 2010
JUDGMENT OF : Hoeben J
The decision by the Tribunal on 19 November 2009 in Tribunal proceedings No SH09/22453 is quashed. DECISION : Proceedings No SH09/22453 in the Tribunal are returned to the Tribunal to be determined according to law. The Corporation is to pay the plaintiff's costs of these Supreme Court proceedings.
CATCHWORDS : ADMINISTRATIVE LAW - judicial review - procedural fairness - Consumer, Trader and Tenancy Tribunal - proceedings heard in absence of party - party not notified of hearing date - whether lack of procedural fairness - error of law on face of the record - no evidence to support findings of Tribunal - jurisdictional error.
Consumer Trader and Tenancy Tribunal Act, 2001 LEGISLATION CITED : Residential Tenancies Act 1987 Supreme Court Act 1970
CATEGORY : Principal judgment
Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143, (2003) 131 FCR 28 CASES CITED : Italiano v Carbone [2005] NSWCA 177 Kirk v Industrial Relations Commission of NSW [2010] HCA 1, (2010) 84 ALJR 154 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32
Melissa Alison Brennan - Plaintiff PARTIES : Consumer, Trader & Tenancy Tribunal - First Defendant NSW Land & Housing Corporation - Second Defendant
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