Luxmore v Fair Trading Tribunal & Anor [2002] NSWSC 476

Luxmore v Fair Trading Tribunal & Anor [2002] NSWSC 476

The plaintiff was notified of the date, time and place of hearing with adequate time to prepare; his written statement was considered as evidence; he did not take further actions to ensure his case would be heard; procedural fairness and natural justice were not denied.

Jurisdiction
Australia
Judgment Date
04 June 2002
Procedural Posture
Appeal / Judgment
Outcome
Summons and notice of motion dismissed; plaintiff to pay second defendant's costs.
Legal Topics
['natural Justice' 'procedural Fairness' 'tribunal Procedures' 'venue of Hearing']
['administrative Law'] ['natural Justice' 'procedural Fairness' 'tribunal Procedures' 'venue of Hearing']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Fair Trading Tribunal denied the plaintiff natural justice or procedural fairness' "Whether the venue change constituted a denial of opportunity to present the plaintiff's case"]

Ratio Decidendi

The plaintiff was notified of the date, time and place of hearing with adequate time to prepare; his written statement was considered as evidence; he did not take further actions to ensure his case would be heard; procedural fairness and natural justice were not denied.

Court Disposition

Summons and notice of motion dismissed; plaintiff to pay second defendant's costs.

Orders

  • ['The summons and notice of motion are dismissed.' "The plaintiff is to pay the second defendant's costs."]