Muldoon v Church of England Children's Homes Burwood [2011] NSWSC 772

Supreme Court New South Wales

Medium Neutral Citation: Muldoon v Church of England Children's Homes Burwood [2011] NSWSC 772 Hearing dates: 31/05/2011 Decision date: 22 July 2011 Jurisdiction: Common Law Before: Rothman J Decision: (i) The summons be dismissed. (ii) The plaintiff pay the defendants' costs of and incidental to the proceedings as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - certiorari sought against the Consumer, Trader & Tenancy Tribunal - earlier appeal to District Court - discussion of difficulties in issuing certiorari in such circumstances - whether agreement was not a residential tenancy thereby denying jurisdiction to Tribunal - whether denial of natural justice because Tribunal failed to advise party how best to conduct case - whether party entitled to challenge termination of lease on basis of invalid Board of Management meeting - summons dismissed Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Corporations Act 2001 Residential Tenancies Act 1987 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Hill v King (1993) 31 NSWLR 654 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46 R v Marks; Ex parte Australian Building Construction Employees Builders Labourers' Federation ("Omega case") [1981] HCA 33; (1981) 147 CLR 471 Re Coldham; Ex Parte Municipal Officers Association of Australia [1989] HCA 13; (1989) 84 ALR 208 Sullivan v Department of Transport (1978) 20 ALR 323 Category: Principal judgment Parties: Paul Muldoon (Plaintiff) Church of England Children's Homes Burwood (First Defendant) Consumer, Trader & Tenancy Tribunal (Second Defendant) Representation: Counsel: