Walsh, Aida v Concrete Concepts (Aust) Pty Ltd [2013] NSWSC 72

Supreme Court New South Wales

Medium Neutral Citation: Walsh, Aida v Concrete Concepts (Aust) Pty Ltd [2013] NSWSC 72 Hearing dates: 5/2/2013 Decision date: 22 February 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The applications for judicial review are dismissed. (2) The decision of Member Howe dated 19 March 2012, the decision of Member Charles dated 19 June 2012 and the decision of Member Tiga dated 24 July 2012 are all affirmed. (3) The further amended summons filed 5 February 2013 is dismissed. (4) The plaintiff is to pay the first defendant's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - application for rehearing in Consumer, Trader and Tenancy Tribunal refused - whether plaintiff denied procedural fairness - whether self-represented litigant not made sufficiently aware of kind of evidence relevant to her case - whether Tribunal failed in its obligation to ensure as far as practicable all relevant material disclosed to it Legislation Cited: Administrative Decisions Tribunal Act 1977 Consumer, Trader and Tenancy Tribunal Act 2001 Supreme Court Act 1970 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Italiano v Carbone & Ors [2005] NSWCA 177 Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Mah v Consumer, Trader & Tenancy Tribunal & Anor [2005] NSWSC 476 Minister for Immigration, Multicultural and Indigenous Affairs, Re; Ex parte Lam [2003] HCA 6 Rowlands v Consumer, Trader & Tenancy Tribunal [2003] NSWSC 730 Category: Principal judgment Parties: Aida Walsh (Plaintiff) Concrete Concepts (Aust) Pty Ltd (First Defendant) Consumer Trader and Tenancy Tribunal (Second Defendant) Representation: Counsel: D P O'Connor (Plaintiff) H Azimi (First Defendant) Solicitors: Robert A Hannam (Plaintiff) Azimi & Lasne Lawyers (First Defendant) I V Knight, Crown Solicitor (Submitting Appearance Second Defendant) File Number(s): 2012/259203 Decision under appeal Before: Tribunal Members Howe, Charles and Tiga File Number(s): HB 12/05193