Austral Brick Co Pty Ltd v Rami El Hayek t/as RCV Stoneworks [2013] NSWSC 571

Supreme Court New South Wales

Medium Neutral Citation: Austral Brick Co Pty Ltd v Rami El Hayek t/as RCV Stoneworks [2013] NSWSC 571 Hearing dates: 11/04/2013 Decision date: 30 May 2013 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: (1) The decision of the Consumer, Trader and Tenancy Tribunal of 4 October 2012 numbered GEN 12/32636 is vitiated by jurisdictional error. (2) In the nature of certiorari removing into the Court the decision of the Consumer, Trader and Tenancy Tribunal of 4 October 2012 numbered GEN 12/32636 and quashing that decision. (3) Matter number GEN 12/32636 is remitted to the Consumer, Trader and Tenancy Tribunal to be determined in accordance with law. (4) Costs are reserved. Catchwords: ADMINISTRATIVE LAW - judicial review - operation of CTTT Tribunal notice of hearing provisions - when proceedings may be held in absence of party - whether requirements of justice considered Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Consumer, Trader and Tenancy Tribunal Regulation 2009 Interpretation Act 1987 Supreme Court Act 1970 Cases Cited: Blue Haven Pools & Spas Pty Ltd v Cunningham & Anor [2011] NSWSC 1435 Brennan v New South Wales Land and Housing Corporation; New South Wales Land and Housing Corporation v Brennan [2011] NSWCA 298 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 David Harris & Deidre Harris t/as Wellington Concrete v Mayne [2011] NSWSC 1551 Italiano v Carbone [2005] NSWCA 177 Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Category: Principal judgment Parties: The Austral Brick Co Pty Ltd (Plaintiff) Rami El Hayek t/as RCV Stoneworks (First Defendant) Consumer, Trader and Tenancy Tribunal (Fourth Defendant) Representation: Counsel: D Neggo (Plaintiff) P Wallis (First Defendant) Solicitors: Bannermans Lawyers (Plaintiff) Crown Solicitor, Submitting Appearance (Fourth Defendant) File Number(s): 2012/337944 Decision under appeal Date of Decision: 2012-05-31 00:00:00 Before: Tribunal Member F Gray File Number(s): GEN 12/32636