Kyriakou v Long [2014] NSWCA 308

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kyriakou v Long [2014] NSWCA 308 Hearing dates: 27 August 2014 Decision date: 04 September 2014 Before: Basten JA at [1]; Meagher JA at [2] Decision: (1) Application for an adjournment of the hearing of the application for leave to appeal refused. (2) Application for leave to appeal from the judgments and orders of White J of 10 and 11 December 2013 dismissed. (3) Appeal brought by notice of appeal filed on 6 January 2014 dismissed as incompetent. (4) Order the applicant to pay the respondents' costs of that appeal and application for leave, in the case of the first respondent up to 4 March 2014, and in the case of the second respondent up to 25 June 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave - no appearance on behalf of applicant - appeal from refusal to quash decision of Consumer, Trader and Tenancy Tribunal for denial of procedural fairness - no arguable error - decision-making process included opportunity for rehearing by decision-maker - application for rehearing made and rejected - in the circumstances, no utility in adjourning application for leave Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 68 Supreme Court Act 1970 (NSW), ss 69, 101 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(2), 51.12 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Calvin v Carr [1980] AC 574 Coulter v The Queen [1988] HCA 3; 164 CLR 350 Greyhound Racing NSW v Cessnock & District Agricultural Assn [2006] NSWCA 333 R v Marks; Ex parte Australian Building Construction Employees & Builders Labourers' Federation [1981] HCA 33; 147 CLR 471 South Australia v O'Shea [1987] HCA 39; 163 CLR 378 Category: Principal judgment Parties: Andrew Kyriakou (Applicant) Guo Fen Long (First Respondent) New South Wales Civil & Administrative Tribunal (Second Respondent) Representation: Counsel: No appearance (Applicant) Submitting appearance (First Respondent) Submitting appearance (Second Respondent) Solicitors: Self-represented (Applicant) Jane Crittenden Lawyer (First Respondent) Crown Solicitor's Office (Second Respondent) File Number(s): 2014/4091 Decision under appeal Jurisdiction: 9111 Citation: Kyriakou v Long [2013] NSWSC 1890 Kyriakou v Long (No 2) [2013] NSWSC 1891 Before: White J File Number(s): 2013/371742