Chand v Lifestyle Homes NSW* Pty Ltd [2011] NSWCA 129

Chand v Lifestyle Homes NSW* Pty Ltd [2011] NSWCA 129

The appeal was incompetent because the District Court judgment challenged was made on an appeal from the Consumer, Trader and Tenancy Tribunal, not in an "action" within s 127 of the District Court Act 1973 (NSW), and there was no other statutory basis for an appeal. The Court was bound by Muldoon and no sufficient reason was shown to have the matter reconsidered by a five judge bench.

Jurisdiction
Australia
Judgment Date
16 May 2011
Procedural Posture
Civil Appeal and Proceedings Under S 69 of the Supreme Court Act 1970 for Judicial Review / Objection to Competency of Appeal From District Court Judgment on Appeal From the Consumer, Trader and Tenancy Tribunal
Outcome
Appeal dismissed as incompetent; leave given to file and serve written submissions in the judicial review proceedings; costs ordered in respect of the second respondent's notice of motion.
Legal Topics
['competency of Appeal' 'appeal From District Court' 'appeal From Consumer, Trader and Tenancy Tribunal' 'judicial Review' 'meaning of "action" in District Court Act 1973 (nsw), S 127']
['civil Procedure' 'administrative Law' 'consumer, Trader and Tenancy Law'] ['competency of Appeal' 'appeal From District Court' 'appeal From Consumer, Trader and Tenancy Tribunal' 'judicial Review' 'meaning of "action" in District Court Act 1973 (nsw), S 127']

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Procedural Posture

Civil Appeal and Proceedings Under S 69 of the Supreme Court Act 1970 for Judicial Review / Objection to Competency of Appeal From District Court Judgment on Appeal From the Consumer, Trader and Tenancy Tribunal

Legal Issues

  1. 1 ['Whether an appeal lies to the Court of Appeal from a District Court judgment given on an appeal from the Consumer, Trader and Tenancy Tribunal.' 'Whether a District Court judgment on an appeal from the Tribunal is a judgment "in an action" for the purposes of District Court Act 1973 (NSW), s 127.' 'Whether the appeal should be dismissed as incompetent.']

Ratio Decidendi

The appeal was incompetent because the District Court judgment challenged was made on an appeal from the Consumer, Trader and Tenancy Tribunal, not in an "action" within s 127 of the District Court Act 1973 (NSW), and there was no other statutory basis for an appeal. The Court was bound by Muldoon and no sufficient reason was shown to have the matter reconsidered by a five judge bench.

Court Disposition

Appeal dismissed as incompetent; leave given to file and serve written submissions in the judicial review proceedings; costs ordered in respect of the second respondent's notice of motion.

Orders

  • ['Dismiss the appeal from the judgment of the District Court filed on 11 March 2010.' 'Give leave to the appellants to file and serve written submissions in support of the proceedings under s 69 of the Supreme Court Act 1970 for review of the decision of the District Court judgment by 4pm on 14 June 2011.' 'The...