Anastasopoulos v Cleary & Ors [2003] NSWSC 1093

Anastasopoulos v Cleary & Ors [2003] NSWSC 1093

The plaintiff failed to establish that he was not served, was not a party, or did not receive notice of the 5 May 2003 hearing. The court accepted Mr Cleary's evidence, rejected the plaintiff's evidence where uncorroborated, found that the plaintiff had been treated as and became a party to the Tribunal proceedings, and was not satisfied that he lacked notice or a reasonable opportunity to attend. Accordingly, no denial of procedural fairness was shown and the appeal failed.

Jurisdiction
Australia
Judgment Date
26 November 2003
Procedural Posture
Appeal From Consumer, Trader and Tenancy Tribunal / Judgment on Appeal From Tribunal Order Made 5 May 2003
Outcome
The appeal fails. The Summons is dismissed.
Legal Topics
['appeal From Tribunal' 'notice of Application' 'whether the Plaintiff Was a Party to the Proceedings' 'denial of Procedural Fairness' 'tribunal Procedures']
['administrative Law' 'consumer, Trader and Tenancy' 'home Building' 'procedural Fairness'] ['appeal From Tribunal' 'notice of Application' 'whether the Plaintiff Was a Party to the Proceedings' 'denial of Procedural Fairness' 'tribunal Procedures']

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

Appeal From Consumer, Trader and Tenancy Tribunal / Judgment on Appeal From Tribunal Order Made 5 May 2003

Legal Issues

  1. 1 ['Whether the plaintiff was a party to the Tribunal proceedings.' 'Whether non-service of originating process made the Tribunal proceedings a nullity.' 'Whether the plaintiff received notice of the 5 May 2003 Tribunal hearing.' 'Whether the plaintiff was denied procedural fairness or a reasonable opportunity to present his case.']

Ratio Decidendi

The plaintiff failed to establish that he was not served, was not a party, or did not receive notice of the 5 May 2003 hearing. The court accepted Mr Cleary's evidence, rejected the plaintiff's evidence where uncorroborated, found that the plaintiff had been treated as and became a party to the Tribunal proceedings, and was not satisfied that he lacked notice or a reasonable opportunity to attend. Accordingly, no denial of procedural fairness was shown and the appeal failed.

Court Disposition

The appeal fails. The Summons is dismissed.

Orders

  • ['The appeal fails.' 'The Summons is dismissed.' 'The plaintiff is to pay the costs of the proceedings.' 'The Exhibits are to be returned.']