Mills v Consumer, Trader & Tenancy Tribunal & Ors [2003] NSWSC 782

Mills v Consumer, Trader & Tenancy Tribunal & Ors [2003] NSWSC 782

The summons failed because the challenge to the 13 January 2003 order was out of time and no extension was sought, and the refusal of the adjournment and the refusal to grant a rehearing did not deny procedural fairness. The plaintiff had notice that the matter could proceed in her absence, knew the adjournment request would be considered at the hearing, had a reasonable opportunity to present her case, chose not to attend on the assumption the adjournment would be granted, and did not demonstrate any relevant error of law or other error sufficient to disturb the Tribunal decision.

Jurisdiction
Australia
Judgment Date
27 August 2003
Procedural Posture
Summons Challenging Decisions of the Consumer, Trader and Tenancy Tribunal / Supreme Court Determination After Hearing
Outcome
The Summons is dismissed.
Legal Topics
['refusal of Adjournment' 'rehearing Not Granted' 'procedural Fairness and Natural Justice' 'non Attendance at Hearing' 'appeal From Tribunal Decision']
['administrative Law' 'civil Procedure' 'consumer, Trader and Tenancy Tribunal Proceedings'] ['refusal of Adjournment' 'rehearing Not Granted' 'procedural Fairness and Natural Justice' 'non Attendance at Hearing' 'appeal From Tribunal Decision']

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Procedural Posture

Summons Challenging Decisions of the Consumer, Trader and Tenancy Tribunal / Supreme Court Determination After Hearing

Legal Issues

  1. 1 ["Whether the Tribunal's refusal of the short-notice adjournment application and proceeding in the plaintiff's absence denied procedural fairness or natural justice." "Whether the Tribunal's decision not to grant a rehearing denied procedural fairness or natural justice." "Whether the plaintiff's challenge to the order made on 13 January 2003 was incompetent because it was brought out of time without an extension application." 'Whether the plaintiff demonstrated any error of law, or any error about quantum or the parties against whom the Tribunal order was made, sufficient to disturb the Tribunal decision.']

Ratio Decidendi

The summons failed because the challenge to the 13 January 2003 order was out of time and no extension was sought, and the refusal of the adjournment and the refusal to grant a rehearing did not deny procedural fairness. The plaintiff had notice that the matter could proceed in her absence, knew the adjournment request would be considered at the hearing, had a reasonable opportunity to present her case, chose not to attend on the assumption the adjournment would be granted, and did not demonstrate any relevant error of law or other error sufficient to disturb the Tribunal decision.

Court Disposition

The Summons is dismissed.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is ordered to pay the costs of the Summons.' 'The Exhibit may be returned.']