Mah v Consumer Trader & Tenancy Tribunal & Anor [2005] NSWSC 476

The grounds argued by the plaintiff did not fall within the restrictive ambit of s67 as they related either to findings of fact or to matters excluded from appeal or review under the statute; neither alleged error in law nor the refusal to grant a rehearing were reviewable.

Jurisdiction: Australia
Judgment Date: 24 May 2005
Procedural Posture: Judicial Review/appeal / Judgment on Review of Tribunal Decision
Outcome: Appeal dismissed
Legal Topics: ['jurisdiction of Tribunal' 'scope of Appeal Under Consumer Trader & Tenancy Tribunal Act 2001' 'grounds of Review Under S67' 'tribunal Rehearing Provisions']

['administrative Law' 'consumer Credit'] ['jurisdiction of Tribunal' 'scope of Appeal Under Consumer Trader & Tenancy Tribunal Act 2001' 'grounds of Review Under S67' 'tribunal Rehearing Provisions']

Case Brief

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Procedural Posture

Judicial Review/appeal / Judgment on Review of Tribunal Decision

Legal Issues

1 ['Whether the Tribunal erred in its findings of fact or law under the Consumer Trader & Tenancy Tribunal Act 2001 s67' 'Whether the refusal to grant rehearing by the Tribunal was subject to review' 'Whether alleged failures to cross-examine or call witnesses amounted to an error of law']

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.' 'The exhibit may be returned.']