Davis v CTTT [2008] NSWSC 491

Davis v CTTT [2008] NSWSC 491

The Court found that Mr Davis was afforded procedural fairness in the Tribunal hearing, as he was given a reasonable opportunity to call and give evidence and make submissions and no evidence was improperly excluded. Thus, the Tribunal's decision is affirmed.

Jurisdiction
Australia
Judgment Date
22 May 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; Tribunal's decision affirmed; costs awarded to second and third defendants.
Legal Topics
['procedural Fairness' 'appeal From Tribunal' 'home Building Disputes']
['administrative Law'] ['procedural Fairness' 'appeal From Tribunal' 'home Building Disputes']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness by the Tribunal' 'Whether the Tribunal erred in excluding evidence of the plaintiff']

Ratio Decidendi

The Court found that Mr Davis was afforded procedural fairness in the Tribunal hearing, as he was given a reasonable opportunity to call and give evidence and make submissions and no evidence was improperly excluded. Thus, the Tribunal's decision is affirmed.

Court Disposition

Appeal dismissed; Tribunal's decision affirmed; costs awarded to second and third defendants.

Orders

  • ['The decision of Senior Tribunal Member Durie made on 29 August 2007 is affirmed.' 'The summons filed 27 September 2007 is dismissed.' "The plaintiff is to pay the second and third defendants' costs as agreed or assessed."]