Souleles v Todd [2015] NSWSC 862

Souleles v Todd [2015] NSWSC 862

Mr Souleles did not establish that he had advised the CTTT of a different residential address, and the Court rejected his evidence that he did so as a recent invention. The Legal Grounds Café address was an address for service last known to the CTTT, the notice of hearing was posted to that address, and the statutory provisions did not require the CTTT to send the notice by email. The Tribunal Member was satisfied that the notice was duly served and considered that justice required the matter to proceed in Mr Souleles' absence. Accordingly, the Tribunal acted in accordance with its statutory duties, afforded procedural fairness, and its decision was not vitiated by jurisdictional error.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Administrative Law Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) / Summons Seeking Extension of Time, Declaration of Jurisdictional Error, Certiorari and Remittal; Principal Judgment
Outcome
The summons filed 6 November 2014 was dismissed and the plaintiff was ordered to pay the defendant's costs on an ordinary basis as agreed or assessed.
Legal Topics
['judicial Review of Consumer, Trader and Tenancy Tribunal Decision' 'notice of Hearing' 'service by Post' 'proceedings in Absence of a Party' 'jurisdictional Error' 'natural Justice' 'certiorari']
['administrative Law' 'procedural Fairness' 'tribunal Procedure'] ['judicial Review of Consumer, Trader and Tenancy Tribunal Decision' 'notice of Hearing' 'service by Post' 'proceedings in Absence of a Party' 'jurisdictional Error' 'natural Justice' 'certiorari']

Case Brief

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Procedural Posture

Administrative Law Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) / Summons Seeking Extension of Time, Declaration of Jurisdictional Error, Certiorari and Remittal; Principal Judgment

Legal Issues

  1. 1 ['Whether the CTTT erred in law or made a jurisdictional error by determining the proceedings on 7 August 2013 when Mr Souleles was absent.' 'Whether Mr Souleles was denied natural justice because he did not receive notice of the 7 August 2013 hearing.' 'Whether the CTTT complied with the statutory notice and ex parte hearing provisions in the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) and Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW).']

Ratio Decidendi

Mr Souleles did not establish that he had advised the CTTT of a different residential address, and the Court rejected his evidence that he did so as a recent invention. The Legal Grounds Café address was an address for service last known to the CTTT, the notice of hearing was posted to that address, and the statutory provisions did not require the CTTT to send the notice by email. The Tribunal Member was satisfied that the notice was duly served and considered that justice required the matter to proceed in Mr Souleles' absence. Accordingly, the Tribunal acted in accordance with its statutory duties, afforded procedural fairness, and its decision was not vitiated by jurisdictional error.

Court Disposition

The summons filed 6 November 2014 was dismissed and the plaintiff was ordered to pay the defendant's costs on an ordinary basis as agreed or assessed.

Orders

  • ['The summons filed 6 November 2014 is dismissed.' "The plaintiff is to pay the defendant's costs on an ordinary basis as agreed or assessed."]