Irwin v F S Hough & Anor [2004] NSWSC 171

Irwin v F S Hough & Anor [2004] NSWSC 171

The plaintiff was denied procedural fairness as she and her representative were not notified of the hearing, depriving her of the opportunity to present her case. Therefore, the Tribunal's decisions are set aside and the matter remitted to the Tribunal.

Parties
Plaintiff: Dawn Irwin; First Defendant: F S Hough Pty Limited; Second Defendant: Consumer Trader & Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
15 March 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Tribunal's decisions set aside; matter returned to Tribunal; costs and applicability of Suitors Fund Act 1951 reserved.
Legal Topics
Procedural Fairness, Tribunal Decision Set Aside
Administrative Law Procedural Fairness Tribunal Decision Set Aside

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Dawn Irwin

Plaintiff

F S Hough Pty Limited

First Defendant

Consumer Trader & Tenancy Tribunal

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the plaintiff was denied procedural fairness by not being notified of the listing date and orders being made in her absence.

Ratio Decidendi

The plaintiff was denied procedural fairness as she and her representative were not notified of the hearing, depriving her of the opportunity to present her case. Therefore, the Tribunal's decisions are set aside and the matter remitted to the Tribunal.

Court Disposition

Tribunal's decisions set aside; matter returned to Tribunal; costs and applicability of Suitors Fund Act 1951 reserved.

Orders

  • The decisions made by the Tribunal on 19 September 2003 are set aside.
  • The matter is returned to the Tribunal for determination in accordance with law.