Rowlands v Consumer, Trader & Tenancy Tribunal [2003] NSWSC 730

Rowlands v Consumer, Trader & Tenancy Tribunal [2003] NSWSC 730

Because it was open to argument that Ms Rowlands was denied procedural fairness in the Tribunal's refusal to rehear the matter, the Court granted an order requiring the Tribunal to show cause why prerogative relief should not issue.

Jurisdiction
Australia
Judgment Date
07 August 2003
Procedural Posture
Administrative Law Application for Prerogative Relief Concerning Consumer, Trader & Tenancy Tribunal Tenancy Orders / Order Nisi Granted; Show Cause Ordered
Outcome
Order nisi granted
Legal Topics
['prerogative Writs and Orders' 'consumer, Trader & Tenancy Tribunal' 'termination of Tenancy' 'rehearing Application' 'procedural Fairness' 'privative Clause']
['administrative Law' 'residential Tenancy'] ['prerogative Writs and Orders' 'consumer, Trader & Tenancy Tribunal' 'termination of Tenancy' 'rehearing Application' 'procedural Fairness' 'privative Clause']

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Procedural Posture

Administrative Law Application for Prerogative Relief Concerning Consumer, Trader & Tenancy Tribunal Tenancy Orders / Order Nisi Granted; Show Cause Ordered

Legal Issues

  1. 1 ["Whether the Consumer, Trader & Tenancy Tribunal's refusal to rehear the tenancy matter arguably denied Ms Rowlands procedural fairness." 'Whether the privative provision in Consumer, Trader and Tenancy Tribunal Act 2001, s 65(1) prevented relief, or whether the exception in s 65(3) for denial of procedural fairness could apply.' 'Whether an order nisi in the nature of prohibition, mandamus, certiorari or other relief should be granted.']

Ratio Decidendi

Because it was open to argument that Ms Rowlands was denied procedural fairness in the Tribunal's refusal to rehear the matter, the Court granted an order requiring the Tribunal to show cause why prerogative relief should not issue.

Court Disposition

Order nisi granted

Orders

  • ['The Tribunal show cause before Gzell J at 10am on Friday 8 August 2003 why a judgment or order in the nature of prohibition, mandamus, certiorari or other relief should not be issued forthwith.' 'Notice of the order be given in the first instance by telephone by the Associate to the Tribunal.']