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Catchwords are the way in which we classify reports into a consistent taxonomy.

Small Claims Tribunal(8 results)

Reports matching this catchword classification

R v THE SMALL CLAIMS TRIBUNAL AND SYME EX PARTE BARWINER NOMINEES PTY LTDVR 831

GOWANS, J,·19 May 1975·12p·

Administrative law - Small Claims Tribunal - Certiorari - Declaration and injunction - Hearing of small claim - Order that "trader" refund purchase price of defective appliance to "consumer" - In determining claims principles of general law to be applied - Natural justice - Whether bias or failure to give a hearing - Tribunal not adverting to proper legal basis for allowing claim - Failure to make order conditional on return of goods - Whether want of jurisdiction rendering decision a nullity - Small Claims Tribunal Act 1973 (No.8486) s17, s18(2).

WALSH (REFEREE OF THE SMALL CLAIMS TRIBUNAL) v PALLADIUM CAR PARK PTY LTDVR 949

GOWANS, MENHENNITT and DUNN, JJ,·18 Aug 1975·12p·

Administrative law - Small Claims Tribunal - "Small claim" for damage to motor car whilst parked in respondent's car park - Claimant issued with ticket containing terms and conditions of parking - Whether claim within jurisdiction of tribunal - In determining a claim whole law of contract to be applied including terms and conditions of a contract - Meaning of "a contract for the provisions of services" - Whether comprises contract of bailment in the form of hire of custody - Claim for damages in tort - Arising out of contract for the Provision of services - Small Claims Tribunal Act 1973 (No. 8486), s2(1), s14, s17.

R v SMALL CLAIMS TRIBUNAL AND HOMEWOOD ; EX PARTE CAMERONVR 427

ANDERSON, J·24 Nov 1975·7p·

Administrative law - Small Claims Tribunal - Certiorari - Whether a denial of natural justice - Trader given notice of claim and attending at hearing to answer that claim - Tribunal hearing extending beyond the claim of which trader had notice - Claim amended at hearing without notice to trader - Party not notified of all issues and no opportunity to prepare case - Tribunal's order quashed - Small Claims Tribunals Act 1973 (No. 8486), s2, s9, s17, s22, s23, s28, s30, s31, s34.

R v THE SMALL CLAIMS TRIBUNAL AND MUNRO ; EX PARTE ESCOR INDUSTRIES PTY LTD (NO 1)VR 503

MCINERNEY, J·29 Nov 1978·10p·

Administrative law - Small Claims Tribunal - Certiorari - Jurisdiction with regard to a "small claim"- Claim by ultimate purchaser from retailer of goods against manufacturer of goods to enforce manufacturer's warranty - Whether collateral contract between manufacturer and ultimate purchaser - Claim must arise out of contract for the supply of goods or provision of services between a "consumer" and a "trader" - Whether relation between manufacturer and ultimate purchaser that of "consumer" and "trader" - Whether purchaser's claim a "small claim" - Small Claims Tribunal Act 1973 (No 8486) s2(1).

R v THE SMALL CLAIMS TRIBUNAL AND MUNRO; EX PARTE ESCOR INDUSTRIES PTY LTD (No. 2)VR 635

YOUNG, CJ, LUSH and BEACH, JJ·26 Jun 1979·6p·

Administrative law - Small Claims Tribunal - "Small claim" - Claim by ultimate purchaser seeking enforcement of a manufacturer's warranty - Whether contract constituted by warranty a contract for "the provision of services" - Whether the manufacturer a "trader" and ultimate purchaser a "consumer" - Small Claims Tribunals Act 1973 (No. 8486), s2(1).

R v SMALL CLAIMS TRIBUNAL AND DEAN EX PARTE RACV GENERAL INSURANCE PTY LTDVR 602

GOBBO, J·15 Apr 1981·9p·

Administrative law - Small Claims Tribunal - Prohibition - Whether claim under insurance policy is a "small claim" - Whether a contract of insurance is a contract for the provision of services - Whether a claim under an insurance policy arises out of a contract for the provision of services - Whether writ of prohibition should lie against the Tribunal - Whether the Tribunal had jurisdiction to hear a claim arising from an insurance policy - Whether an adjournment should be permitted to enable application for order nisi for prohibition if Tribunal finds that it has jurisdiction - Constitution of Tribunal and role of Registrar - Small Claims Tribunal Act 1973 (No. 8486), s2(1), s17 and s23.

FAWKE v HOLLOWAYVR 411

BEACH J·17 Dec 1985·6p·

Administrative law - Small Claims Tribunal - Jurisdiction - Jurisdiction confined to claim against a "trader" - Conduct of business in "trade or commerce" - Claim against chiropractor - Whether chiropractor provides services in "trade or commerce" - Small Claims Tribunal Act 1973 (No. 8486), s2.

CHARALAMBOUS v CARIDEOVR 604

FULLAGAR J·5 May 1987·10p·

Administrative law - Small Claims Tribunal - Jurisdiction - Claim in excess of jurisdictional limit - Reduction of claim - Proper course to be followed by referee - Natural justice - Determination to conduct "view" of premises - Duty of referee to explain purpose of view and consequences of failure to co-operate - Duty of referee to afford party opportunity of addressing Tribunal before making final order - Small Claims Tribunal Act 1973 (No. 8486), s32(2).

Practice and procedure - Administrative law - Order to review - Addressed to one only of two relevant parties - Whether curable under slip rule - Objection to validity of order - Proper time for taking objection - Whether objection can be taken on return of order - Administrative Law Act 1978 (No. 9234), s3.