Pedro Alfaro v Consumer, Trader and Tenancy Tribunal [2007] NSWSC 1035

Pedro Alfaro v Consumer, Trader and Tenancy Tribunal [2007] NSWSC 1035

The summons disclosed no reasonably cause of action, was an abuse of process, frivolous and vexatious; the proceedings were dismissed pursuant to Rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) and inherent jurisdiction of the Court, as Mr Alfaro failed to establish error of law, waiver, or bias.

Parties
First Plaintiff: Pedro Alfaro; Second Plaintiff: Silvia Gladys Alfaro; Third Plaintiff: Diana Alfaro; Fourth Plaintiff: Richard Alfaro; First Defendant: Consumer, Trader and Tenancy Tribunal; Second Defendant: NSW Land and Housing Corporation; Third Defendant: Bridget Brooker
Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Appeal / Final Judgment
Outcome
Proceedings dismissed
Legal Topics
Summary Dismissal, Bias, Waiver/election, Residential Lease
Administrative Law Tenancy Law Summary Dismissal Bias Waiver/election Residential Lease

Case Brief

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Parties

Pedro Alfaro

First Plaintiff

Silvia Gladys Alfaro

Second Plaintiff

Diana Alfaro

Third Plaintiff

Richard Alfaro

Fourth Plaintiff

Consumer, Trader and Tenancy Tribunal

First Defendant

NSW Land and Housing Corporation

Second Defendant

Bridget Brooker

Third Defendant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal decision involved an arguable error of law
  2. 2 Whether waiver/election occurred by letter of 11 October 2006
  3. 3 Whether Tribunal member displayed bias or breached natural justice

Ratio Decidendi

The summons disclosed no reasonably cause of action, was an abuse of process, frivolous and vexatious; the proceedings were dismissed pursuant to Rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) and inherent jurisdiction of the Court, as Mr Alfaro failed to establish error of law, waiver, or bias.

Court Disposition

Proceedings dismissed

Orders

  • The summons discloses no reasonably cause of action, is an abuse of process and frivolous and vexatious.
  • Pursuant to Rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), and the inherent jurisdiction of the Court, the proceedings are dismissed.