Dorante-Day, Elvianna v Martin [2012] NSWSC 714

Supreme Court New South Wales

Medium Neutral Citation: Dorante-Day, Elvianna v Martin [2012] NSWSC 714 Hearing dates: 19/06/2012 Decision date: 28 June 2012 Before: Harrison AsJ Decision: (1) The application for judicial review under s 69 of the Supreme Court Act 1970 fails. (2) The application pursuant to s 65 of the Consumer, Trader & Tenancy Tribunal Act 2001 fails. (3) The decision of Tribunal member O'Keeffe dated 26 May 2011 is affirmed. (4) The summons filed 4 August 2011 is dismissed. (5) The plaintiffs are to pay the first defendants' costs as agreed or assessed (excluding the costs of the first defendants' notice of motion filed 5 September 2011). Catchwords: ADMINISTRATIVE LAW - judicial review - decision of Consumer, Trader and Tenancy Tribunal - termination of residential tenancy agreement for non-payment of rent - whether plaintiffs denied procedural fairness - orders of Tribunal "by consent" - plaintiffs accorded procedural fairness Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Courts and Crimes Legislation Amendment Act 2008 Supreme Court Act 1970 Cases Cited: Dorante-Day v Martin [2011] HCASL 150 Italiano v Carbone [2005] NSWCA 177 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Maconachie v Kullenberg [2005] NSWCA 294 Re Minister for Immigration & Multicultural Affairs ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Category: Principal judgment Parties: Elvianna Marella Dorante-Day (First Plaintiff) Simon Charles Dorante-Day (Second Plaintiff) Douglas and Susan Martin (First Defendants) Consumer, Trader & Tenancy Tribunal (Second Defendant) Representation: Plaintiffs in person E Petersen (First Defendants) Plaintiffs self-represented Chahine & Associates (First Defendants) Crown Solicitor (Submitting appearance for Second Defendant) File Number(s): 2011/251278 Decision under appeal Date of Decision: 2011-05-26 00:00:00 Before: Tribunal Member G O'Keeffe File Number(s): RT11/20154, RT110532, RT11/24964, RT11/08921