Darin v Olzomer [2012] NSWCA 60

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Darin v Olzomer [2012] NSWCA 60 Hearing dates: 26 March 2012 Decision date: 26 March 2012 Before: Basten JA at 1; Meagher JA at 40; Sackville AJA at 41 Decision: The following orders were made on 26 March 2012: (1) Dismiss the application. (2) Order the applicants to pay the costs of the first respondent in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - error of law on the face of the record - whether appropriate for review of appellate court's decision take the form of a rehearing of the appeal - no evidence - need to identify factual issues in play before the decision-maker

ADMINISTRATIVE LAW - judicial review - decision of Consumer, Trader and Tenancy Tribunal appealed - failure to make findings of fact essential to an award - whether error sufficient to set aside decision - whether notice of contention could support such a decision on appeal with respect to a matter of law Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67 Home Building Act 1989 (NSW), ss 7, 10 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Liebe v Molloy [1906] HCA 67; 4 CLR 347 Olzomer v Darin (Home Building) [2010] NSWCTTT 518 Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; 162 CLR 221 Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA 277 Category: Principal judgment Parties: John Darin - First Applicant Valda Darin - Second Applicant Richard Anthony Olzomer - First Respondent District Court of NSW - Second Respondent Representation: Counsel: