Jabbour v CTTT & Anor [2003] NSWSC 187

Jabbour v CTTT & Anor [2003] NSWSC 187

Because the Tribunal's notices were sent to the plaintiff's former business address and to an address from which his parents had moved, and the plaintiff did not receive those notices, he was denied the opportunity to present his case and was denied natural justice. The Tribunal orders were therefore set aside and the matter remitted for rehearing.

Jurisdiction
Australia
Judgment Date
21 March 2003
Procedural Posture
Administrative Law Proceeding Seeking Prerogative Relief From Consumer, Trader & Tenancy Tribunal Orders / Summons Heard in the Supreme Court of New South Wales; Orders Set Aside and Matter Remitted
Outcome
Plaintiff succeeded; Tribunal orders set aside and matter remitted for rehearing.
Legal Topics
['procedural Fairness' 'failure to Receive Notices' 'rehearing Application' 'prerogative Relief' 'remittal to Tribunal']
['administrative Law' 'natural Justice' 'consumer and Trader Tribunal Proceedings'] ['procedural Fairness' 'failure to Receive Notices' 'rehearing Application' 'prerogative Relief' 'remittal to Tribunal']

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Procedural Posture

Administrative Law Proceeding Seeking Prerogative Relief From Consumer, Trader & Tenancy Tribunal Orders / Summons Heard in the Supreme Court of New South Wales; Orders Set Aside and Matter Remitted

Legal Issues

  1. 1 ['Whether the plaintiff was denied procedural fairness or natural justice when the Tribunal determined the matter in his absence after notices were sent to addresses where he no longer conducted business or resided.' 'Whether the Tribunal orders dated 31 January 2002, 1 May 2002, 26 July 2002 and 6 August 2002 should be set aside and the matter remitted for rehearing.']

Ratio Decidendi

Because the Tribunal's notices were sent to the plaintiff's former business address and to an address from which his parents had moved, and the plaintiff did not receive those notices, he was denied the opportunity to present his case and was denied natural justice. The Tribunal orders were therefore set aside and the matter remitted for rehearing.

Court Disposition

Plaintiff succeeded; Tribunal orders set aside and matter remitted for rehearing.

Orders

  • ['The orders of the CTTT dated 31 January 2002, 1 May 2002, 26 July 2002 and 6 August 2002 are set aside.' 'The matter is remitted to the CTTT for rehearing.' "The second defendant is to pay the plaintiff's costs. The second defendant is to have a certificate under the Suitors' Fund Act 1951."]