Farah v Consumer, Trader and Tenancy Tribunal [2008] NSWSC 355

Farah v Consumer, Trader and Tenancy Tribunal [2008] NSWSC 355

The proceedings were brought well out of time and the plaintiff gave no satisfactory explanation for the delay, so an extension of time would not be granted. In any event the challenge lacked merit: the limited material and absence of transcript or reasons meant the plaintiff could not prove denial of procedural fairness or a legal error; the ex-parte hearing resulted from his own failure to attend or seek an adjournment; a complaint that the finding was against the weight of evidence was outside the narrow statutory appeal; there was no basis to disturb the amendment made under s 50; the rehearing refusal was not raised in the Amended Summons and was final under s 68(8); and any failure...

Jurisdiction
Australia
Judgment Date
23 April 2008
Procedural Posture
Administrative Law Challenge to Consumer, Trader and Tenancy Tribunal Order / Application for Extension of Time and Challenge to Tribunal Order
Outcome
Application for extension of time refused; proceedings dismissed; plaintiff to pay the costs of the proceedings.
Legal Topics
['challenge to Ex Parte Decision of Tribunal' 'adjournment' 'ambit of Appeal' 'procedural Fairness' 'reasons' 'power to Correct Obvious Error' 'extension of Time']
['administrative Law'] ['challenge to Ex Parte Decision of Tribunal' 'adjournment' 'ambit of Appeal' 'procedural Fairness' 'reasons' 'power to Correct Obvious Error' 'extension of Time']

Case Brief

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Procedural Posture

Administrative Law Challenge to Consumer, Trader and Tenancy Tribunal Order / Application for Extension of Time and Challenge to Tribunal Order

Legal Issues

  1. 1 ['Whether time should be extended for the plaintiff to bring proceedings challenging the Tribunal order.' 'Whether the plaintiff was denied procedural fairness when the Tribunal proceeded ex-parte after he did not attend or seek an adjournment.' 'Whether the Tribunal decided a question with respect to a matter of law within s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001.' "Whether the Tribunal's amendment of its order could be disturbed." 'Whether the refusal to grant a rehearing could be reviewed.' 'Whether any failure to provide reasons supported relief.']

Ratio Decidendi

The proceedings were brought well out of time and the plaintiff gave no satisfactory explanation for the delay, so an extension of time would not be granted. In any event the challenge lacked merit: the limited material and absence of transcript or reasons meant the plaintiff could not prove denial of procedural fairness or a legal error; the ex-parte hearing resulted from his own failure to attend or seek an adjournment; a complaint that the finding was against the weight of evidence was outside the narrow statutory appeal; there was no basis to disturb the amendment made under s 50; the rehearing refusal was not raised in the Amended Summons and was final under s 68(8); and any failure...

Court Disposition

Application for extension of time refused; proceedings dismissed; plaintiff to pay the costs of the proceedings.

Orders

  • ['The application for extension of time is refused.' 'The proceedings are dismissed.' 'The plaintiff is to pay the costs of the proceedings.']