Berou v CTTT & Anor [2007] NSWSC 1046

Berou v CTTT & Anor [2007] NSWSC 1046

The Tribunal Member afforded procedural fairness by explaining the elements of the plaintiff's claim, offering legal representation and an adjournment, and providing opportunities to present the case. The plaintiff elected not to take an adjournment and did not adequately request to call witnesses. Accordingly, there was no denial of procedural fairness or error of law.

Parties
Plaintiff: George Berou trading as Berou Fabrication; First Defendant: Consumer Trader and Tenancy Tribunal of New South Wales; Second Defendant: Abdou Saad
Jurisdiction
Australia
Judgment Date
20 September 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Prerogative Relief, Procedural Fairness, Certiorari, Natural Justice
Administrative Law Prerogative Relief Procedural Fairness Certiorari Natural Justice

Case Brief

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Parties

George Berou trading as Berou Fabrication

Plaintiff

Consumer Trader and Tenancy Tribunal of New South Wales

First Defendant

Abdou Saad

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal denied procedural fairness to the plaintiff
  2. 2 Whether the plaintiff was given a reasonable opportunity to call witnesses
  3. 3 Whether an adjournment should have been granted

Ratio Decidendi

The Tribunal Member afforded procedural fairness by explaining the elements of the plaintiff's claim, offering legal representation and an adjournment, and providing opportunities to present the case. The plaintiff elected not to take an adjournment and did not adequately request to call witnesses. Accordingly, there was no denial of procedural fairness or error of law.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of Tribunal Member Marzilli dated 2 August 2006 is affirmed.