Armitage Designer Homes P/L v CTTT & Anor [2004] NSWSC 402

Armitage Designer Homes P/L v CTTT & Anor [2004] NSWSC 402

It is more likely the plaintiff received notice of hearing but chose not to attend; even if not, significant delay ensued before seeking relief. No denial of procedural fairness established. Tribunal orders are affirmed and appeal dismissed.

Parties
Plaintiff: Armitage Designer Homes Pty Ltd; First Defendant: Consumer Trader and Tenancy Tribunal; Second Defendants: Con and Eleni Dimitriou
Jurisdiction
Australia
Judgment Date
17 May 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Natural Justice, Appeal From Tribunal Decision
Administrative Law Civil Procedure Procedural Fairness Natural Justice Appeal From Tribunal Decision

Case Brief

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Parties

Armitage Designer Homes Pty Ltd

Plaintiff

Consumer Trader and Tenancy Tribunal

First Defendant

Con and Eleni Dimitriou

Second Defendants

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff was denied procedural fairness due to non-receipt of notice for hearing by the Tribunal
  2. 2 Whether Tribunal orders made in plaintiff's absence should be quashed

Ratio Decidendi

It is more likely the plaintiff received notice of hearing but chose not to attend; even if not, significant delay ensued before seeking relief. No denial of procedural fairness established. Tribunal orders are affirmed and appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision and orders made by the CTTT on 16 September 2002 are affirmed.
  • The appeal is dismissed.