Italiano v Carbone & 2 Ors [2004] NSWSC 581

Italiano v Carbone & 2 Ors [2004] NSWSC 581

The Tribunal Member was entitled to treat Mr Italiano as properly joined and bound by the orders as he was present, represented, and on notice of the claim against him; no substantive denial of procedural fairness was established; the plaintiff's delay meant leave to appeal out of time should be refused; and there was evidence on which the Tribunal could find the agreement was with Mr Italiano personally.

Parties
Plaintiff: Giovannai Italiano; First Defendant: Domenic Carbone; Second Defendant: Consumer Trader and Tenancy Tribunal; Third Defendant: Italiano's Painting and Decorating Pty Limited
Jurisdiction
Australia
Judgment Date
02 July 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; leave to appeal refused; Tribunal's orders affirmed; costs to defendants.
Legal Topics
Joinder of Parties, Procedural Fairness, Natural Justice, Leave to Appeal, Home Building Disputes
Administrative Law Common Law Joinder of Parties Procedural Fairness Natural Justice Leave to Appeal Home Building Disputes

Case Brief

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Parties

Giovannai Italiano

Plaintiff

Domenic Carbone

First Defendant

Consumer Trader and Tenancy Tribunal

Second Defendant

Italiano's Painting and Decorating Pty Limited

Third Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Mr Italiano was properly joined as a party to the proceedings before the Consumer Trader and Tenancy Tribunal (CTTT)
  2. 2 Whether the CTTT denied the plaintiff natural justice or procedural fairness
  3. 3 Whether leave to appeal should be granted out of time

Ratio Decidendi

The Tribunal Member was entitled to treat Mr Italiano as properly joined and bound by the orders as he was present, represented, and on notice of the claim against him; no substantive denial of procedural fairness was established; the plaintiff's delay meant leave to appeal out of time should be refused; and there was evidence on which the Tribunal could find the agreement was with Mr Italiano personally.

Court Disposition

Appeal dismissed; leave to appeal refused; Tribunal's orders affirmed; costs to defendants.

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.