Kyriakou v Long [2013] NSWSC 1890

Kyriakou v Long [2013] NSWSC 1890

The application for certiorari to quash the Tribunal's decision was dismissed because the plaintiff had an alternative statutory remedy of applying for a rehearing under s 68 of the Consumer, Trader and Tenancy Tribunal Act 2001; the process as a whole, including the available rehearing, did not lack procedural fairness, and the plaintiff failed to demonstrate an arguable defence in support of substantial injustice for either prerogative relief or a rehearing.

Jurisdiction
Australia
Judgment Date
10 December 2013
Procedural Posture
Application for Prerogative Order (certiorari) / Final Judgment
Outcome
Summons dismissed with costs
Legal Topics
['prerogative Orders' 'certiorari' 'procedural Fairness' 'discretionary Relief' 'rehearing Procedures']
['administrative Law'] ['prerogative Orders' 'certiorari' 'procedural Fairness' 'discretionary Relief' 'rehearing Procedures']

Case Brief

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Procedural Posture

Application for Prerogative Order (certiorari) / Final Judgment

Legal Issues

  1. 1 ['Whether the Consumer, Trader and Tenancy Tribunal (CTTT) failed to afford procedural fairness to the applicant by proceeding in his absence due to illness' 'Whether certiorari should be issued despite availability of rehearing remedy under s 68 Consumer, Trader and Tenancy Tribunal Act 2001' 'Whether denial of rehearing was procedurally fair']

Ratio Decidendi

The application for certiorari to quash the Tribunal's decision was dismissed because the plaintiff had an alternative statutory remedy of applying for a rehearing under s 68 of the Consumer, Trader and Tenancy Tribunal Act 2001; the process as a whole, including the available rehearing, did not lack procedural fairness, and the plaintiff failed to demonstrate an arguable defence in support of substantial injustice for either prerogative relief or a rehearing.

Court Disposition

Summons dismissed with costs

Orders

  • ['The summons is dismissed.' "Plaintiff to pay the defendant's costs."]