Hanna v Consumer Trader & Tenancy Tribunal (No 2) [2012] NSWSC 1638

Hanna v Consumer Trader & Tenancy Tribunal (No 2) [2012] NSWSC 1638

There was no error of law in the Tribunal's decision to dismiss the application for want of appearance nor in refusing a rehearing, as the applicants provided no sufficient reason or evidence for their absence and were given due notice.

Parties
First Plaintiff: Anne Hanna; Second Plaintiff: Fayez Phillipe Hanna; First Defendant: Consumer Trader & Tenancy Tribunal; Second Defendant: Showcase Realty; Third Defendant: Antonio Carlo Liviani
Jurisdiction
Australia
Judgment Date
19 October 2012
Procedural Posture
Summons Seeking Prerogative Relief / Judgment on the Summons
Outcome
Summons dismissed
Legal Topics
Prerogative Relief, Tribunal Decisions, Dismissal for Non Appearance, Rehearing Refusal
Administrative Law Prerogative Relief Tribunal Decisions Dismissal for Non Appearance Rehearing Refusal

Case Brief

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Parties

Anne Hanna

First Plaintiff

Fayez Phillipe Hanna

Second Plaintiff

Consumer Trader & Tenancy Tribunal

First Defendant

Showcase Realty

Second Defendant

Antonio Carlo Liviani

Third Defendant

Procedural Posture

Summons Seeking Prerogative Relief / Judgment on the Summons

Legal Issues

  1. 1 Whether the Tribunal erred in law by dismissing the application for non-appearance
  2. 2 Whether the Tribunal erred in refusing a rehearing

Ratio Decidendi

There was no error of law in the Tribunal's decision to dismiss the application for want of appearance nor in refusing a rehearing, as the applicants provided no sufficient reason or evidence for their absence and were given due notice.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • No order as to costs