Kraljevo Building Construction Company v Duckworth & Anor [2003] NSWSC 920

Kraljevo Building Construction Company v Duckworth & Anor [2003] NSWSC 920

The plaintiff did not discharge the onus of demonstrating a basis for disturbing the Tribunal's refusal to grant a rehearing. The Tribunal had sent hearing notices to both addresses nominated by the plaintiff, the plaintiff's non-appearance and default were otherwise unexplained, and the Court was not satisfied that there was any denial of procedural fairness or any error of law.

Jurisdiction
Australia
Judgment Date
13 October 2003
Procedural Posture
Summons Challenging the Consumer, Trader and Tenancy Tribunal's Refusal to Grant a Rehearing / Hearing of Summons in the Supreme Court of New South Wales, Common Law Division
Outcome
The Summons is dismissed.
Legal Topics
['ex Parte Hearing' 'application for Rehearing' 'procedural Fairness' 'natural Justice' 'error of Law' 'service of Hearing Notice']
['administrative Law' 'consumer, Trader and Tenancy Tribunal Proceedings' 'building Disputes'] ['ex Parte Hearing' 'application for Rehearing' 'procedural Fairness' 'natural Justice' 'error of Law' 'service of Hearing Notice']

Case Brief

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Procedural Posture

Summons Challenging the Consumer, Trader and Tenancy Tribunal's Refusal to Grant a Rehearing / Hearing of Summons in the Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ["Whether the Tribunal's refusal to grant the plaintiff's rehearing application should be disturbed." 'Whether the plaintiff was denied procedural fairness or natural justice in relation to the ex parte Tribunal hearing.' 'Whether there was any error in deciding a question with respect to a matter of law.']

Ratio Decidendi

The plaintiff did not discharge the onus of demonstrating a basis for disturbing the Tribunal's refusal to grant a rehearing. The Tribunal had sent hearing notices to both addresses nominated by the plaintiff, the plaintiff's non-appearance and default were otherwise unexplained, and the Court was not satisfied that there was any denial of procedural fairness or any error of law.

Court Disposition

The Summons is dismissed.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the Summons.' 'The Exhibits may be returned.']