The Owners Strata Plan 72041 v Cosmopolitan Constructions Pty Ltd [2011] NSWSC 937

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 72041 v Cosmopolitan Constructions Pty Ltd [2011] NSWSC 937 Hearing dates: 12 August 2011 Decision date: 26 August 2011 Jurisdiction: Common Law Before: Harrison J Decision: The plaintiff has been denied procedural fairness Catchwords: PROCEDURE - CTTT - where application dismissed by Tribunal due to non-attendance of parties at initial hearing - where non-attendance of applicant caused by its solicitor's mistake - where applicant's solicitor sought relisting and offered an explanation for his non-appearance - where Tribunal did not relist the proceedings or respond to the letter - whether denial of procedural fairness - s 28(5)(g) of the Consumer, Trader &Tenancy Tribunal Act 2001 - whether Tribunal had power or jurisdiction to dismiss application at first hearing, as opposed to a "final hearing" - s 28(5)(g) not limited - plaintiff otherwise denied procedural fairness Legislation Cited: Civil Procedure Act 2005 Consumer, Trader and Tenancy Tribunal Act 2001 Home Building Act 1989 Cases Cited: Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Hyman v Rose [1912] AC 623 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; (2007) 232 CLR 189 Category: Principal judgment Parties: The Owners Strata Plan 72041 (Plaintiff) Cosmopolitan Constructions Pty Ltd (First Defendant) The Consumer Trader and Tenancy Tribunal (Second Defendant) Representation: I G Roberts (Plaintiff) W A D Edwards (First Defendant) Turnbull Bowles Lawyers (Plaintiff) Byles Anjos Lawyers (First Defendant) File Number(s): 2011/65479