Permanent Mortgages v Garton [2008] NSWSC 497

Permanent Mortgages v Garton [2008] NSWSC 497

Because the Gartons had commenced proceedings in the CTTT before the filing of the possession proceedings in this Court, and as the issues in both forums were the same, the Court has no jurisdiction to hear the matter until the CTTT application is determined. Accordingly, the proceedings are stayed, and the plaintiff must pay the defendants' costs.

Jurisdiction
Australia
Judgment Date
26 May 2008
Procedural Posture
Possession Proceedings / Jurisdictional Ruling and Costs
Outcome
Court has no jurisdiction pending CTTT determination; proceedings stayed; costs to defendants.
Legal Topics
['jurisdiction' 'stay of Proceedings' 'consumer Credit' 'possession of Property']
['credit Law' 'consumer Law' 'civil Procedure'] ['jurisdiction' 'stay of Proceedings' 'consumer Credit' 'possession of Property']

Case Brief

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Procedural Posture

Possession Proceedings / Jurisdictional Ruling and Costs

Legal Issues

  1. 1 ['Whether the Supreme Court has jurisdiction to hear the proceedings in light of prior proceedings in the Consumer, Trader and Tenancy Tribunal (CTTT)' 'Whether proceedings should be stayed pending determination of the CTTT application']

Ratio Decidendi

Because the Gartons had commenced proceedings in the CTTT before the filing of the possession proceedings in this Court, and as the issues in both forums were the same, the Court has no jurisdiction to hear the matter until the CTTT application is determined. Accordingly, the proceedings are stayed, and the plaintiff must pay the defendants' costs.

Court Disposition

Court has no jurisdiction pending CTTT determination; proceedings stayed; costs to defendants.

Orders

  • ["That this Court has no jurisdiction to hear these proceedings until the first and second defendants' application in the CTTT is determined." "The plaintiff is to pay the first and second defendants' costs as agreed or assessed."]