Dorante-Day, Keshia v Martin [2012] NSWSC 715

Supreme Court New South Wales

Medium Neutral Citation: Dorante-Day, Keshia v Martin [2012] NSWSC 715 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 under s 65 of the Consumer, Trader & Tenancy Tribunal Act 2001 also fails. (3) The decision of Tribunal Member Halliday dated 8 February 2011 is affirmed. (4) The summons filed 25 March 2011 is dismissed. (5) The plaintiff is to pay the first defendants' costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - decision of Consumer, Trader and Tenancy Tribunal - termination of residential tenancy agreement for non-payment of rent - whether plaintiff denied procedural fairness - whether Tribunal Member prejudged matter - plaintiff was accorded procedural fairness Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Courts and Crimes Legislation Amendment Act 2008 Judiciary Act 1903 (Cth) Residential Tenancies Act 2010 Supreme Court Act 1970 Cases Cited: Italiano v Carbone [2005] NSWCA 177 Kioa v West (1985) 159 CLR 550 Maconachie v Kullenburg [2005] NSWCA 294 Re Minister for Immigration & Multicultural Affairs ex parte Lam (2003) 214 CLR 1 Category: Principal judgment Parties: Keshia Marie Dorante-Day (Plaintiff) Douglas and Susan Martin (First Defendants) Consumer, Trader & Tenancy Tribunal (Second Defendant) Representation: S Dorante-Day appeared on behalf of Plaintiff E Petersen (First Defendants) Plaintiff self-represented Chahine & Associates (First Defendants) Crown Solicitor (Submitting appearance for Second Defendant) File Number(s): 2011/97051 Decision under appeal Date of Decision: 2011-02-08 00:00:00 Before: Tribunal Member Halliday File Number(s): RT10/57911