D'Angola & Anor v CTTT & Anor [2006] NSWSC 1023

D'Angola & Anor v CTTT & Anor [2006] NSWSC 1023

The CTTT denied procedural fairness by proceeding to determine the dispute in the absence of the plaintiffs, without evidence that notice of hearing was duly served on them as required. The tribunal member's reasons were silent on satisfaction of service, and there was sworn, uncontradicted evidence from the plaintiffs they had not received the notice. This amounts to a denial of procedural fairness and the decision could not stand.

Jurisdiction
Australia
Judgment Date
29 September 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal granted; tribunal order set aside; matter remitted; costs to plaintiffs.
Legal Topics
['procedural Fairness' 'appeals' 'tribunal Proceedings']
['administrative Law'] ['procedural Fairness' 'appeals' 'tribunal Proceedings']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the plaintiffs were denied procedural fairness by the CTTT hearing the case in their absence' 'Whether reasonable opportunity was provided to plaintiffs to present their case as required by s 35 of the CTTT Act' 'Whether proper service of notice of hearing was effected']

Ratio Decidendi

The CTTT denied procedural fairness by proceeding to determine the dispute in the absence of the plaintiffs, without evidence that notice of hearing was duly served on them as required. The tribunal member's reasons were silent on satisfaction of service, and there was sworn, uncontradicted evidence from the plaintiffs they had not received the notice. This amounts to a denial of procedural fairness and the decision could not stand.

Court Disposition

Appeal granted; tribunal order set aside; matter remitted; costs to plaintiffs.

Orders

  • ['The appeal is granted.' 'The decision of the Tribunal Member dated 29 November 2005 is set aside.' 'The matter is remitted to the CTTT for rehearing.' "The second defendant is to pay the plaintiffs' costs as agreed or assessed. The second defendant is to have a certificate under the Suitor's Fund Act 1951 (NSW) if...