Robinson-Murray v Consumer, Trader & Tenancy Tribunal [2013] NSWSC 1914

Supreme Court New South Wales

Medium Neutral Citation: Robinson-Murray v Consumer, Trader & Tenancy Tribunal [2013] NSWSC 1914 Hearing dates: 20/11/2013; 17/12/2013 Decision date: 20 December 2013 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that: (1) The appeal is upheld. (2) The orders of Tribunal Member D Turley dated 14 February 2013 are set aside. (3) The matter is remitted to the Consumer, Trader and Tenancy Tribunal to be determined according to law. (4) The second defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - appeal from decision of Consumer, Trader & Tenancy Tribunal - part of proceedings held in absence of party - whether plaintiff denied procedural fairness Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Supreme Court Act 1970 Cases Cited: 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: Jessica Robinson-Murray (Plaintiff) Consumer, Trader & Tenancy Tribunal (First Defendant) SSS Best Cars Pty Ltd (Second Defendant) Representation: Counsel: J Robinson-Murray (Plaintiff in person) Solicitors: Crown Solicitor (Submitting Appearance First Defendant) File Number(s): 2013/127346 Publication restriction: Nil Decision under appeal Date of Decision: 2013-02-14 00:00:00 Before: Tribunal Member D Turley File Number(s): MV 12/51721