Riordan v Cross & Ors [2005] NSWSC 112
The Tribunal complied with procedural requirements for ex parte proceedings, the plaintiff carried out 'residential building work' within the meaning of the statute, and the assessment of quantum was reasonably open on available evidence. Challenges under ss65 and 67 were outside scope or unsubstantial; summons dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 01 March 2005
- Procedural Posture
- Summons / Judgment
- Outcome
- Summons dismissed
- Legal Topics
- ['ex Parte Proceedings' 'jurisdiction' 'procedural Compliance' 'residential Building Work' 'appeal Scope' 'assessment of Quantum']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Summons / Judgment
Legal Issues
- 1 ['Whether the Tribunal failed to comply with procedural requirements for ex parte proceedings under clause 29 of the Consumer Trader & Tenancy Tribunal Regulation 2002' "Whether the plaintiff carried out 'residential building work' under the Home Building Act 1989" 'Whether the assessment of quantum was correct' 'Whether denial of procedural fairness occurred' 'Scope of appeal under ss65 and 67 of the Consumer Trader & Tenancy Tribunal Act 2001']
Ratio Decidendi
The Tribunal complied with procedural requirements for ex parte proceedings, the plaintiff carried out 'residential building work' within the meaning of the statute, and the assessment of quantum was reasonably open on available evidence. Challenges under ss65 and 67 were outside scope or unsubstantial; summons dismissed.
Court Disposition
Summons dismissed
Orders
- ['The summons is dismissed' 'The plaintiff is to pay the costs of the summons' 'The exhibits may be returned']
Full Case Text
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