BURRINGBAR REAL ESTATE CENTRE PTY LIMITED v ANTHONY JOHN RYDER & ORS [2008] NSWSC 779

BURRINGBAR REAL ESTATE CENTRE PTY LIMITED v ANTHONY JOHN RYDER & ORS [2008] NSWSC 779

The Tribunal failed to take reasonably practicable measures to ensure the plaintiff's attendance, which amounted to a denial of procedural fairness under the mandatory provisions of the CTTT Act. As a result, orders made in the plaintiff's absence were quashed and the matters remitted for rehearing.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Judicial Review / Final Decision
Outcome
The orders made by the Tribunal on 26 October 2007 are quashed and set aside; the matters are remitted for re-hearing.
Legal Topics
['procedural Fairness' 'statutory Obligations' 'prerogative Relief' 'ex Parte Proceedings' "agent's Commission" 'tribunal Procedure']
['administrative Law'] ['procedural Fairness' 'statutory Obligations' 'prerogative Relief' 'ex Parte Proceedings' "agent's Commission" 'tribunal Procedure']

Source-derived case record

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Procedural Posture

Judicial Review / Final Decision

Legal Issues

  1. 1 ['Whether the Tribunal breached procedural fairness by determining the matter in the absence of the plaintiff' 'Whether statutory obligations under s.28(4) and s.35 of the CTTT Act were breached' 'Whether relief in the nature of certiorari should be granted' "Whether Tribunal's discretion under Regulation 29 was properly exercised"]

Ratio Decidendi

The Tribunal failed to take reasonably practicable measures to ensure the plaintiff's attendance, which amounted to a denial of procedural fairness under the mandatory provisions of the CTTT Act. As a result, orders made in the plaintiff's absence were quashed and the matters remitted for rehearing.

Court Disposition

The orders made by the Tribunal on 26 October 2007 are quashed and set aside; the matters are remitted for re-hearing.

Orders

  • ['Record of Tribunal proceedings and orders to be delivered to the Court for certiorari and quashing.' 'Orders made in proceedings COM 07/50282, COM 07/49717 and COM 07/49721 on 26 October 2007 quashed and set aside.' 'Matters COM 07/50282, COM 97/49717 and COM 07/49721 remitted to the Tribunal for rehearing...