Maconachie v Kullenberg & Ors [2004] NSWSC 1122

Maconachie v Kullenberg & Ors [2004] NSWSC 1122

There was no denial of procedural fairness as the plaintiff, through his legal representative, had a reasonable opportunity to address all issues before the Tribunal, including joinder and orders for payment, but failed to do so. Consequently, no extension of time should be granted and the summons is dismissed.

Parties
Plaintiff: Peter Robert Maconachie; First Defendant: Frank Pierre Kullenberg; Second Defendant: Elaine Ann Kullenberg; Third Defendant: Consumer Trader & Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
30 November 2004
Procedural Posture
Summons for Judicial Review / Hearing and Judgment on Application for Extension of Time and Procedural Fairness
Outcome
Summons dismissed; plaintiff to pay the costs of the summons.
Legal Topics
Procedural Fairness, Extension of Time, Tribunals
Administrative Law Civil Procedure Procedural Fairness Extension of Time Tribunals

Case Brief

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Parties

Peter Robert Maconachie

Plaintiff

Frank Pierre Kullenberg

First Defendant

Elaine Ann Kullenberg

Second Defendant

Consumer Trader & Tenancy Tribunal

Third Defendant

Procedural Posture

Summons for Judicial Review / Hearing and Judgment on Application for Extension of Time and Procedural Fairness

Legal Issues

  1. 1 Whether there was a denial of procedural fairness before the Tribunal
  2. 2 Whether there should be an extension of time to file the summons

Ratio Decidendi

There was no denial of procedural fairness as the plaintiff, through his legal representative, had a reasonable opportunity to address all issues before the Tribunal, including joinder and orders for payment, but failed to do so. Consequently, no extension of time should be granted and the summons is dismissed.

Court Disposition

Summons dismissed; plaintiff to pay the costs of the summons.

Orders

  • The summons is dismissed.
  • The plaintiff is to pay the costs of the summons.