De-Bourbon v Bennies & Anor [2007] NSWSC 1179

De-Bourbon v Bennies & Anor [2007] NSWSC 1179

The summons is dismissed as misconceived: no evidence supports denial of procedural fairness; no appeal or review is available for a refusal of a rehearing; no application for extension of time was made.

Parties
Plaintiff: Phillipe De-Bourbon; 1st Defendant: Gunter William Bennies; 2nd Defendant: Consumer, Trader and Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Summons / Judgment
Outcome
Summons dismissed. Plaintiff to pay defendant's costs.
Legal Topics
Denial of Natural Justice, Appeal From Tribunal, Application for Rehearing, Extension of Time
Administrative Law Civil Procedure Denial of Natural Justice Appeal From Tribunal Application for Rehearing Extension of Time

Case Brief

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Parties

Phillipe De-Bourbon

Plaintiff

Gunter William Bennies

1st Defendant

Consumer, Trader and Tenancy Tribunal

2nd Defendant

Procedural Posture

Summons / Judgment

Legal Issues

  1. 1 Whether there was a denial of natural justice in the Tribunal proceeding in the absence of the plaintiff
  2. 2 Whether an appeal or review was available from the Tribunal's refusal of a re-hearing

Ratio Decidendi

The summons is dismissed as misconceived: no evidence supports denial of procedural fairness; no appeal or review is available for a refusal of a rehearing; no application for extension of time was made.

Court Disposition

Summons dismissed. Plaintiff to pay defendant's costs.

Orders

  • The Summons is dismissed.
  • The plaintiff is to pay any costs incurred by the defendant.