Minimedia Productions Pty Limited v Consumer Trader and Tenancy Tribunal of New South Wales and Ors [2010] NSWSC 240

Minimedia Productions Pty Limited v Consumer Trader and Tenancy Tribunal of New South Wales and Ors [2010] NSWSC 240

Because the litigious controversy between the active parties had been resolved by discontinuance and the CTTT had filed a submitting appearance, the Plaintiff's attempt to proceed only against the CTTT sought an advisory opinion about CTTT procedures for future use rather than determination of a current legal controversy. There was no proper contradictor and no utility in further hearing, so the Court declined to exercise powers under ss.69 and 75 Supreme Court Act 1970 and dismissed the Amended Summons against the First Defendant.

Jurisdiction
Australia
Judgment Date
29 March 2010
Procedural Posture
Administrative Law Claim for Prerogative and Declaratory Relief Arising From Proceedings Before the Consumer Trader and Tenancy Tribunal of New South Wales / Hearing of Amended Summons After Discontinuance Against the Second and Third Defendants and Request to Proceed Against the First Defendant Only
Outcome
The Amended Summons filed on 4 February 2010 is dismissed as against the First Defendant. No order as to costs is made with respect to the First Defendant.
Legal Topics
['prerogative Relief' 'declaratory Relief' 'submitting Appearance' 'notice of Discontinuance' 'advisory Opinions' 'abstract or Hypothetical Questions' 'proper Contradictor' 'procedural Fairness' 'jurisdiction']
['administrative Law' 'civil Procedure'] ['prerogative Relief' 'declaratory Relief' 'submitting Appearance' 'notice of Discontinuance' 'advisory Opinions' 'abstract or Hypothetical Questions' 'proper Contradictor' 'procedural Fairness' 'jurisdiction']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law Claim for Prerogative and Declaratory Relief Arising From Proceedings Before the Consumer Trader and Tenancy Tribunal of New South Wales / Hearing of Amended Summons After Discontinuance Against the Second and Third Defendants and Request to Proceed Against the First Defendant Only

Legal Issues

  1. 1 ['Whether the Plaintiff should be permitted, after settling the controversy with the Second and Third Defendants, to proceed against the First Defendant only for declaratory or prerogative relief concerning CTTT procedures.' 'Whether the proposed relief would require the Court to give an advisory opinion on an abstract or hypothetical question with no proper contradictor and no practical utility.']

Ratio Decidendi

Because the litigious controversy between the active parties had been resolved by discontinuance and the CTTT had filed a submitting appearance, the Plaintiff's attempt to proceed only against the CTTT sought an advisory opinion about CTTT procedures for future use rather than determination of a current legal controversy. There was no proper contradictor and no utility in further hearing, so the Court declined to exercise powers under ss.69 and 75 Supreme Court Act 1970 and dismissed the Amended Summons against the First Defendant.

Court Disposition

The Amended Summons filed on 4 February 2010 is dismissed as against the First Defendant. No order as to costs is made with respect to the First Defendant.

Orders

  • ['The Amended Summons filed on 4 February 2010 is dismissed as against the First Defendant.' 'No order as to costs with respect to the First Defendant.' 'The Court noted the terms of the Notice of Discontinuance as between the Plaintiff and the Second and Third Defendants.']