Josevski v Henson [2004] NSWSC 726

Josevski v Henson [2004] NSWSC 726

The appeal and application for extension of time are dismissed as the Tribunal's decision involved no error regarding jurisdiction or onus of proof; the complaints did not raise a question of law within the meaning of s67 of the Consumer, Trader & Tenancy Tribunal Act 2001; there was no denial of natural justice; the delay in filing the appeal was inadequately explained and, in any case, the appeal lacked merit.

Parties
First Plaintiff: Louie Josevski; Second Plaintiff: Cveta Josevski; First Defendant: Gregory Henson; Second Defendant: Melinda Henson; Third Defendant: Consumer, Trader & Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
13 August 2004
Procedural Posture
Appeal / Hearing of Appeal and Application for Extension of Time
Outcome
Appeal and application for extension of time dismissed; plaintiff to pay the costs of the proceedings.
Legal Topics
Appeal From Tribunal, Jurisdiction, Onus of Proof, Mitigation of Damages, Compensation, Natural Justice, Extension of Time
Administrative Law Common Law Appeal From Tribunal Jurisdiction Onus of Proof Mitigation of Damages Compensation Natural Justice +1 more

Case Brief

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Parties

Louie Josevski

First Plaintiff

Cveta Josevski

Second Plaintiff

Gregory Henson

First Defendant

Melinda Henson

Second Defendant

Consumer, Trader & Tenancy Tribunal

Third Defendant

Procedural Posture

Appeal / Hearing of Appeal and Application for Extension of Time

Legal Issues

  1. 1 Whether the Tribunal lacked jurisdiction to entertain the application
  2. 2 Whether the Tribunal erred as to onus of proof regarding mitigation of damages
  3. 3 Whether the Tribunal erred in the assessment and quantification of compensation

Ratio Decidendi

The appeal and application for extension of time are dismissed as the Tribunal's decision involved no error regarding jurisdiction or onus of proof; the complaints did not raise a question of law within the meaning of s67 of the Consumer, Trader & Tenancy Tribunal Act 2001; there was no denial of natural justice; the delay in filing the appeal was inadequately explained and, in any case, the appeal lacked merit.

Court Disposition

Appeal and application for extension of time dismissed; plaintiff to pay the costs of the proceedings.

Orders

  • The notice of motion is dismissed.
  • The plaintiff is to pay the costs of the notice of motion.