Souleles v Todd [2016] NSWCA 91

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Souleles v Todd [2016] NSWCA 91 Hearing dates: 28 April 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Before: Beazley P, McColl JA Decision: (1) Summons seeking leave to appeal dismissed with costs.

(2) No order as to the costs of the adjourned hearing on 12 April 2016, with a view to each party bearing their own costs of that date. Catchwords: PROCEDURE – application for leave to appeal from decision of Associate Judge – Associate Judge rejected applicant's claim for relief in the nature of certiorari to review decision of Consumer, Trader and Tenancy Tribunal (CTTT) ordering applicant to pay damages to respondent – where applicant not present at hearing – whether Associate Judge erred in making factual findings concerning notification of hearing date to applicant – whether Associate Judge erred in holding that there had been no denial of procedural fairness in CTTT hearing case in applicant's absence – whether Associate Judge erred in declining to hold CTTT had no jurisdiction to make the order against applicant – no arguable case warranting leave to appeal PROCEDURE – costs – where error in Court of Appeal registry led to notice of hearing date for leave application not being received by respondent's solicitors – where leave application adjourned in consequence – appropriate order as to costs Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Blue Haven Pools & Spas Ltd v Cunningham [2011] NSWSC 1435 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Hudson v State of New South Wales [2012] NSWCA 319 Lee v New South Wales Crime Commission [2012] NSWCA 262 Sahade v Bischoff [2015] NSWCA 418 Category: Principal judgment Parties: George Souleles (Applicant) Georgina Todd (Respondent) Representation: Counsel: A E Maroya (Applicant) S J Stanton and M B Holmes (Respondent)