Sundollar Pty Ltd v Consumer Trader and Tenancy Tribunal of New South Wales [2014] NSWSC 1389

Sundollar Pty Ltd v Consumer Trader and Tenancy Tribunal of New South Wales [2014] NSWSC 1389

The Court found no denial of procedural fairness resulting in practical injustice, as both parties had an opportunity to present their cases despite procedural irregularities and informality in representation; the Tribunal's findings were not affected by the asserted procedural unfairness.

Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Summons dismissed
Legal Topics
['procedural Fairness' 'representation in Tribunals' 'expert Evidence' 'statutory Warranty' 'contract Breach']
['administrative Law' 'civil Procedure'] ['procedural Fairness' 'representation in Tribunals' 'expert Evidence' 'statutory Warranty' 'contract Breach']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness in the Tribunal proceedings' 'Whether plaintiff refrained from leading evidence because of assurance by Tribunal member' 'Effect of permitting representation of the opposing party without complying with statutory requirements']

Ratio Decidendi

The Court found no denial of procedural fairness resulting in practical injustice, as both parties had an opportunity to present their cases despite procedural irregularities and informality in representation; the Tribunal's findings were not affected by the asserted procedural unfairness.

Court Disposition

Summons dismissed

Orders

  • ['Amended summons dismissed']