Wu v Medel [2008] NSWSC 895

Wu v Medel [2008] NSWSC 895

The plaintiff failed to demonstrate on the balance of probabilities that any denial of procedural fairness was caused by the Tribunal. The evidence did not establish that Tribunal correspondence failed to arrive at her premises, and other material from the Tribunal was received at that address. Accordingly, there was no fault by the Tribunal and the proceedings should be dismissed.

Parties
Plaintiff: Benxia Wu; First Defendant: Erenio Enrique Medel; Second Defendant: Consumer, Trader and Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
03 September 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Proceedings dismissed; no order as to costs.
Legal Topics
Denial of Procedural Fairness, Discretionary Remedy
Administrative Law Denial of Procedural Fairness Discretionary Remedy

Case Brief

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Parties

Benxia Wu

Plaintiff

Erenio Enrique Medel

First Defendant

Consumer, Trader and Tenancy Tribunal

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the plaintiff was denied procedural fairness in the Tribunal proceedings
  2. 2 Whether the Tribunal caused any denial of procedural fairness

Ratio Decidendi

The plaintiff failed to demonstrate on the balance of probabilities that any denial of procedural fairness was caused by the Tribunal. The evidence did not establish that Tribunal correspondence failed to arrive at her premises, and other material from the Tribunal was received at that address. Accordingly, there was no fault by the Tribunal and the proceedings should be dismissed.

Court Disposition

Proceedings dismissed; no order as to costs.

Orders

  • Proceedings dismissed.
  • No order as to costs.