Guo v CTTT & Anor [2007] NSWSC 1335

Guo v CTTT & Anor [2007] NSWSC 1335

The plaintiff was afforded procedural fairness as required by the CTTT Act. The Tribunal Member properly applied the principles of s 13 of the Consumer Claims Act 1998 and gave sufficient reasons. No error of law was established.

Parties
Plaintiff: Alan Xiong Guo; First Defendant: Consumer Trader and Tenancy Tribunal; Second Defendant: George Behjan by his tutor Ramon Behjan
Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed; Tribunal's decision affirmed; amended summons dismissed; plaintiff to pay defendant's costs
Legal Topics
Procedural Fairness, Appeals, Consumer Claims, Jurisdiction of Tribunal
Administrative Law Consumer Law Procedural Fairness Appeals Consumer Claims Jurisdiction of Tribunal

Case Brief

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Parties

Alan Xiong Guo

Plaintiff

Consumer Trader and Tenancy Tribunal

First Defendant

George Behjan by his tutor Ramon Behjan

Second Defendant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was denied procedural fairness in the Tribunal
  2. 2 Whether the Tribunal Member erred in the application of s 13 of the Consumer Claims Act 1998 (NSW)
  3. 3 Whether sufficient reasons were provided by the Tribunal Member

Ratio Decidendi

The plaintiff was afforded procedural fairness as required by the CTTT Act. The Tribunal Member properly applied the principles of s 13 of the Consumer Claims Act 1998 and gave sufficient reasons. No error of law was established.

Court Disposition

Appeal dismissed; Tribunal's decision affirmed; amended summons dismissed; plaintiff to pay defendant's costs

Orders

  • The appeal is dismissed
  • The decision of Tribunal Member Borsody dated 16 April 2007 is affirmed