Hanna v Consumer Trader & Tenancy Tribunal [2012] NSWSC 1636

Showcase Realty Pty Limited was not a party in the Tribunal proceedings, and no order was sought against the agent in those proceedings; as such, the agent's removal from the appeal is warranted.

Parties: First Plaintiff: Anne Hanna; Second Plaintiff: Fayez Phillipe Hanna; First Defendant: Consumer Trader & Tenancy Tribunal; Second Defendant: Showcase Realty Pty Limited; Third Defendant: Antonio Carlo Liviani
Jurisdiction: Australia
Judgment Date: 19 October 2012
Procedural Posture: Interlocutory Application / Appeal From Tribunal Decision
Outcome: Second defendant removed from appeal; plaintiff to pay agent's costs.
Legal Topics: Jurisdiction of Tribunal, Party Joinder, Removal of Parties, Orders Relating to Costs

Tenancy Law Jurisdiction of Tribunal Party Joinder Removal of Parties Orders Relating to Costs

Case Brief

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Parties

Anne Hanna

First Plaintiff

Fayez Phillipe Hanna

Second Plaintiff

Consumer Trader & Tenancy Tribunal

First Defendant

Showcase Realty Pty Limited

Second Defendant

Antonio Carlo Liviani

Third Defendant

Procedural Posture

Interlocutory Application / Appeal From Tribunal Decision

Legal Issues

1 Whether Showcase Realty Pty Limited is a proper party to the appeal
2 Whether the agent should be removed from the proceedings

Ratio Decidendi

Showcase Realty Pty Limited was not a party in the Tribunal proceedings, and no order was sought against the agent in those proceedings; as such, the agent's removal from the appeal is warranted.

Court Disposition

Second defendant removed from appeal; plaintiff to pay agent's costs.

Orders

Second defendant (Showcase Realty Pty Limited) be removed from the appeal.
Plaintiff to pay agent's costs.