Ehrenfeld v Choy & Anor

The matter before the court involved a dispute between the plaintiff, Ehrenfeld, and two defendants, Choy and another party. The plaintiff sought ejectment from a dwelling that had been the subject of a long-running dispute. A significant issue was the express retention of rent payments by the plaintiff, which was contested by the defendants. The dispute came before the Consumer Trader and Tenancy Tribunal, where an ex parte hearing was conducted. The plaintiff argued that the defendants had failed to reveal all relevant facts and circumstances, leading to a denial of procedural fairness. The plaintiff sought relief in the form of certiorari to challenge the tribunal's decision.

The court was required to determine whether the tribunal had acted with procedural unfairness by failing to provide the plaintiff with all relevant facts and circumstances, thereby denying procedural fairness. Additionally, the court had to consider whether the tribunal's decision was correct in law and whether the relief sought by the plaintiff was appropriate. The court needed to assess whether the procedural errors warranted the grant of certiorari to quash the tribunal's decision.

The court found that the tribunal had indeed acted with procedural unfairness by not disclosing all relevant facts and circumstances to the plaintiff, which denied procedural fairness. This failure led to an unjust outcome for the plaintiff. The court held that the procedural errors were significant enough to warrant the grant of certiorari. As a result, the court quashed the tribunal's decision and remitted the matter back to the tribunal for reconsideration. This decision ensured that the plaintiff would have an opportunity to be heard with all relevant facts considered, thereby rectifying the procedural unfairness.