Von Reisner v CTTT [2008] NSWSC 471

Von Reisner v CTTT [2008] NSWSC 471

The Tribunal Member Connolly was not entitled to conduct the hearing on 5 December 2005 as a preliminary conference had been conducted and a valid objection made; the decision was therefore set aside and the matter remitted.

Parties
Plaintiff: Koidu Von Reisner; Second Defendant: Consumer, Trader & Tenancy Tribunal; Third Defendant: NSW Land and Housing Corporation
Jurisdiction
Australia
Judgment Date
20 May 2008
Procedural Posture
Appeal / Judgment
Outcome
Decision of Tribunal Member set aside; matter remitted; costs reserved.
Legal Topics
Tribunal Procedure, Procedural Fairness, Jurisdiction, Bias and Disqualification of Tribunal Member
Administrative Law Tribunal Procedure Procedural Fairness Jurisdiction Bias and Disqualification of Tribunal Member

Case Brief

Summary, issues, holding and outcome

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Parties

Koidu Von Reisner

Plaintiff

Consumer, Trader & Tenancy Tribunal

Second Defendant

NSW Land and Housing Corporation

Third Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Tribunal Member should have presided over hearing after preliminary conference
  2. 2 Procedural fairness in Tribunal process
  3. 3 Jurisdiction and procedural requirements under Consumer, Trader and Tenancy Tribunal Act

Ratio Decidendi

The Tribunal Member Connolly was not entitled to conduct the hearing on 5 December 2005 as a preliminary conference had been conducted and a valid objection made; the decision was therefore set aside and the matter remitted.

Court Disposition

Decision of Tribunal Member set aside; matter remitted; costs reserved.

Orders

  • The matter is remitted to the CTTT to be determined according to law.
  • The decision of Tribunal Member Connolly dated 5 December 2005 is set aside.