Grygiel v Consumer Trader & Tenancy Tribunal & Ors [2004] NSWSC 914

Grygiel v Consumer Trader & Tenancy Tribunal & Ors [2004] NSWSC 914

As the adjournment complained of was overtaken by subsequent events and the Tribunal addressed plaintiff's concerns in a later hearing, even if there was procedural unfairness, making declarations would be futile. No error invoking s67 was demonstrated.

Parties
Plaintiff: Christopher Andrew Grygiel; First Defendant: Consumer Trader & Tenancy Tribunal; Second Defendant: Anthony J Baine; Third Defendant: Janice Wiley; Fourth Defendant: Blakemore Electrical Services Pty Limited
Jurisdiction
Australia
Judgment Date
05 October 2004
Procedural Posture
Summons / Summary Dismissal; Appeal Against Interlocutory Decisions
Outcome
Summons dismissed; plaintiff to pay costs.
Legal Topics
Procedural Fairness, Ultra Vires, Interlocutory Orders, Summary Dismissal, Adjournment Powers
Administrative Law Procedural Fairness Ultra Vires Interlocutory Orders Summary Dismissal Adjournment Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Andrew Grygiel

Plaintiff

Consumer Trader & Tenancy Tribunal

First Defendant

Anthony J Baine

Second Defendant

Janice Wiley

Third Defendant

Blakemore Electrical Services Pty Limited

Fourth Defendant

Procedural Posture

Summons / Summary Dismissal; Appeal Against Interlocutory Decisions

Legal Issues

  1. 1 Whether the Tribunal breached procedural fairness by not hearing the plaintiff on the adjournment application
  2. 2 Whether the granting of the adjournment was ultra vires
  3. 3 Whether relief is futile because the adjournment was overtaken by subsequent events

Ratio Decidendi

As the adjournment complained of was overtaken by subsequent events and the Tribunal addressed plaintiff's concerns in a later hearing, even if there was procedural unfairness, making declarations would be futile. No error invoking s67 was demonstrated.

Court Disposition

Summons dismissed; plaintiff to pay costs.

Orders

  • The summons is dismissed.
  • The plaintiff is to pay the costs of the proceedings.