Koutoulas v Strangas & Son Building Contractors Pty Ltd [2013] NSWSC 1353

Koutoulas v Strangas & Son Building Contractors Pty Ltd [2013] NSWSC 1353

There is an arguable case that the Tribunal denied procedural fairness by making orders without proper notice to the plaintiffs. The material before the Court justifies a stay of the Tribunal's orders pending further directions.

Parties
First Plaintiff: George Koutoulas; Second Plaintiff: Katrina Koutoulas; First Defendant: Strangas & Son Building Contractors Pty Ltd; Second Defendant: Consumer, Trader and Tenancy Tribunal of New South Wales
Jurisdiction
Australia
Judgment Date
13 September 2013
Procedural Posture
Interlocutory Application / Stay Application
Outcome
Tribunal's orders stayed pending further order.
Legal Topics
Stay of Tribunal Orders, Procedural Fairness, Supervisory Jurisdiction
Administrative Law Civil Procedure Stay of Tribunal Orders Procedural Fairness Supervisory Jurisdiction

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Parties

George Koutoulas

First Plaintiff

Katrina Koutoulas

Second Plaintiff

Strangas & Son Building Contractors Pty Ltd

First Defendant

Consumer, Trader and Tenancy Tribunal of New South Wales

Second Defendant

Procedural Posture

Interlocutory Application / Stay Application

Legal Issues

  1. 1 Whether the Tribunal denied procedural fairness by not giving proper notice of hearing
  2. 2 Whether there are grounds to stay the Tribunal's orders
  3. 3 Whether the Tribunal had power to award interest under s 100 of Civil Procedure Act 2005

Ratio Decidendi

There is an arguable case that the Tribunal denied procedural fairness by making orders without proper notice to the plaintiffs. The material before the Court justifies a stay of the Tribunal's orders pending further directions.

Court Disposition

Tribunal's orders stayed pending further order.

Orders

  • Orders of the Consumer, Trader and Tenancy Tribunal made on 16 August 2013 in file number HB10/50251 are stayed until further order.
  • Plaintiffs to file and serve an amended summons specifying the jurisdiction and grounds by 5:00pm on 20 September 2013.