Perla v Danieli [2012] NSWDC 31

District Court New South Wales

Medium Neutral Citation: Perla v Danieli [2012] NSWDC 31 Hearing dates: 30 March & 2 April 2012 Decision date: 04 April 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.The plaintiff's appeal and the summons are dismissed; 2.See paragraph [65] for further orders. [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 - appeal from Consumer Trader and Tenancy Tribunal - whether interlocutory order made by CTTT Member based on misapprehension of extent of the jurisdiction of the CTTT to determine the proceedings before it is a decision with respect to a matter of law within the meaning of s 67(1) of the Consumer Trader and Tenancy Tribunal Act 2001; COSTS - whether appropriate case for plaintiff's costs to be paid by Suitors' Fund Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Fair Trading Act 1987 Property, Stock and Business Agents Act 2002 Suitors' Fund Act 1951 Cases Cited: House v R [1936] HCA 40; (1936) 55 CLR 499 Category: Principal judgment Parties: Elena Perla (Plaintiff/Appellant) Ron Danieli (Defendant/Respondent) Representation: Mr CC Dwyer (Plaintiff/Appellant) Mr GB Evans (Defendant/Respondent) - Charles Monti (Defendant/Respondent) File Number(s): 2011/370230 Decision under appeal Citation: Consumer Trader and Tenancy Tribunal Decisions dated 1 February 2011 and 27 September 2011 Date of Decision: 2011-09-27 00:00:00 Before: Consumer Trader and Tenancy Tribunal Tribunal Member G Meadows Tribunal Member J Smith File Number(s): COM 10/46479