Sundollar Pty Ltd v Consumer Trader and Tenancy Tribunal of New South Wales [2014] NSWSC 1389

Supreme Court New South Wales

Medium Neutral Citation: Sundollar Pty Ltd v Consumer Trader and Tenancy Tribunal of New South Wales [2014] NSWSC 1389 Hearing dates: 23 October 2013 Decision date: 10 October 2014 Jurisdiction: Common Law Before: Hidden J Decision: Summons dismissed Catchwords: CTTT - application for prerogative relief in respect of decision in a dispute about construction of a swimming pool - whether denial of procedural fairness - whether plaintiff refrained from leading evidence because of an assurance by a Tribunal member - effect of the member allowing representation of the opposing party without considering statutory requirements Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Consumer, Trader and Tenancy Tribunal Regulation 2009 Fair Work Act 2009 (Cth) Home Building Act 1989 Cases Cited: GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 Minister for Immigration v Li [2013] HCA 18, 249 CLR 332 Phillips v Phillips [1966] 1 NSWR 49 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6, 214 CLR 1 Warrell v Walton [2013] FCA 291 Category: Principal judgment Parties: Sundollar Pty Ltd t/as Sundollar Pools (plaintiff) Consumer Trader & Tenancy Tribunal of New South Wales (1st defendant) Richard Bradshaw (2nd defendant) Representation: Counsel: MK Minehan (plaintiff) PM Knowles (2nd defendant) Solicitors: Peter Muller, QBM Lawyers (plaintiff) Norman Lucas, Maddocks (2nd defendant) File Number(s): 2013/56026