O'Hara v Consumer Trader and Tenancy Tribunal & Ors [2007] NSWSC 663

O'Hara v Consumer Trader and Tenancy Tribunal & Ors [2007] NSWSC 663

The plaintiff had a proper and genuine compassionate reason for seeking an adjournment because of the serious illness of her mother, and although her prior conduct made the Tribunal's refusal understandable, the refusal deprived her of the reasonable opportunity required by s 35 to present her case. She was therefore denied procedural fairness, requiring the CTTT orders to be quashed and the matter remitted for rehearing.

Jurisdiction
Australia
Judgment Date
28 June 2007
Procedural Posture
Appeal/application Under S 65(3)(b) of the Consumer Trader and Tenancy Tribunal Act 2001 From Orders of the Consumer Trader and Tenancy Tribunal / Determination of Amended Summons Seeking Extension of Time, Quashing of CTTT Orders and Remittal for Rehearing
Outcome
Time extended; CTTT orders quashed; matter remitted for rehearing; no order as to costs.
Legal Topics
['refusal of Adjournment' 'denial of Natural Justice' 'opportunity to Present Case' 'rental Bond Dispute' 'costs']
['administrative Law' 'residential Tenancy' 'procedural Fairness'] ['refusal of Adjournment' 'denial of Natural Justice' 'opportunity to Present Case' 'rental Bond Dispute' 'costs']

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/application Under S 65(3)(b) of the Consumer Trader and Tenancy Tribunal Act 2001 From Orders of the Consumer Trader and Tenancy Tribunal / Determination of Amended Summons Seeking Extension of Time, Quashing of CTTT Orders and Remittal for Rehearing

Legal Issues

  1. 1 ["Whether time should be extended for the filing of the plaintiff's summons to appeal from the CTTT decision." 'Whether the CTTT denied the plaintiff procedural fairness by refusing her adjournment application and proceeding in her absence.' 'Whether the CTTT orders made on 3 March 2006 should be quashed and the matter remitted for rehearing.' 'Whether any costs order should be made.']

Ratio Decidendi

The plaintiff had a proper and genuine compassionate reason for seeking an adjournment because of the serious illness of her mother, and although her prior conduct made the Tribunal's refusal understandable, the refusal deprived her of the reasonable opportunity required by s 35 to present her case. She was therefore denied procedural fairness, requiring the CTTT orders to be quashed and the matter remitted for rehearing.

Court Disposition

Time extended; CTTT orders quashed; matter remitted for rehearing; no order as to costs.

Orders

  • ["I extend the time for the filing of the plaintiff's summons to 2 August 2006." 'The orders of the Consumer Trader and Tenancy Tribunal made on 3 March 2006 are quashed.' 'The matter is to be remitted to the Consumer Trader and Tenancy Tribunal for rehearing.' 'I make no order as to costs with the intention that...