Ghosh v Miller (CTTT Appeal)

District Court

New South Wales

Medium Neutral Citation:

Ghosh v Miller (CTTT Appeal) [2014] NSWDC 228

Hearing dates:

24 and 29 July 2014

Decision date:

06 August 2014

Jurisdiction:

Civil

Before:

Gibson DCJ

Decision:

(1) Judgment for the defendant.

(2) Costs reserved with liberty to apply.

(3) Exhibits retained for 28 days.

Catchwords:

CTTT APPEAL - appeal from award of damages arising out of a letting agreement for a Gold Coast holiday home - plaintiff challenged jurisdiction on the basis that the property was in Queensland - CTTT makes interim ruling that it had jurisdiction as the contract was entered into when the parties were in New South Wales (Consumer Claims Act 1998 (NSW), s 7(2)(c)) - claim then listed for hearing - plaintiff declines to offer evidence or participate in hearing and Tribunal Member comes to the same finding as to jurisdiction - on appeal to this court, the plaintiff asserts legal error on the basis that she was in Queensland at the time and that the offer was therefore accepted in Queensland - whether plaintiff ever told the CTTT she was in Queensland - whether the CTTT was under a duty to assist the plaintiff by looking behind its interim finding to see if there was another basis for the plaintiff to challenge to jurisdiction - no grounds of appeal in this court challenged the CTTT member's finding that the plaintiff was the offeree - whether plaintiff should be permitted to amend her appeal after prior orders refusing further leave to amend had been made - whether the plaintiff was in fact the offeree - appeal dismissed

Legislation Cited:

Consumer Claims Act 1998 (NSW), s 7
Civil Procedure Act 2005 (NSW), ss 56, 60 and 98

Cases Cited:

MacRobertson Miller Airlines v Commissioner of State Taxation (WA) (1975) 133 CLR 125
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401

Texts Cited:

-

Category:

Principal judgment

Parties:

Plaintiff: Ratna Ghosh
Defendant: Rodney Miller

Representation:

Plaintiff: Mr C J Dibb
Defendant: Ms J Reid
Plaintiff: Carters Law Firm
Defendant: Higgins & Dix

File Number(s):

2013/323249

Publication restriction:

None

Judgment

The plaintiff's summons

1. The plaintiff, by further amended summons filed on 13 June 2014, appeals from Reasons for Decision of the Consumer Trader and Tenancy Tribunal ("CTTT") dated 3 September 2013 on the sole ground that the Tribunal erred in holding it had jurisdiction because the house at which the services were provided was in Surfers Paradise, Queensland "and the contract for hire was entered into by the acceptance, in Queensland, of the emailed offer to rent from the respondent".

The proceedings before the CTTT

1. Mr Miller ("the defendant") brought proceedings under the Consumer Claims Act 1998 (NSW) seeking $5,000 damages for misleading and deceptive conduct from the defendant for the contents of an advertisement she placed on a holiday vacation letting website. He alleged he was induced to rent the premises by reason of the glowing description of the house, but that…