Ghosh v Miller (CTTT Appeal) [2014] NSWDC 228

District Court New South Wales

Medium Neutral Citation: Ghosh v Miller (CTTT Appeal) [2014] NSWDC 228 Hearing dates: 24 and 29 July 2014 Decision date: 06 August 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the defendant. (2) Costs reserved with liberty to apply. (3) Exhibits retained for 28 days. Catchwords: CTTT APPEAL - appeal from award of damages arising out of a letting agreement for a Gold Coast holiday home - plaintiff challenged jurisdiction on the basis that the property was in Queensland - CTTT makes interim ruling that it had jurisdiction as the contract was entered into when the parties were in New South Wales (Consumer Claims Act 1998 (NSW), s 7(2)(c)) - claim then listed for hearing - plaintiff declines to offer evidence or participate in hearing and Tribunal Member comes to the same finding as to jurisdiction - on appeal to this court, the plaintiff asserts legal error on the basis that she was in Queensland at the time and that the offer was therefore accepted in Queensland - whether plaintiff ever told the CTTT she was in Queensland - whether the CTTT was under a duty to assist the plaintiff by looking behind its interim finding to see if there was another basis for the plaintiff to challenge to jurisdiction - no grounds of appeal in this court challenged the CTTT member's finding that the plaintiff was the offeree - whether plaintiff should be permitted to amend her appeal after prior orders refusing further leave to amend had been made - whether the plaintiff was in fact the offeree - appeal dismissed Legislation Cited: Consumer Claims Act 1998 (NSW), s 7 Civil Procedure Act 2005 (NSW), ss 56, 60 and 98 Cases Cited: MacRobertson Miller Airlines v Commissioner of State Taxation (WA) (1975) 133 CLR 125 Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Ratna Ghosh Defendant: Rodney Miller Representation: Plaintiff: Mr C J Dibb Defendant: Ms J Reid Plaintiff: Carters Law Firm Defendant: Higgins & Dix File Number(s): 2013/323249 Publication restriction: None