Kyriakou v Long

This matter concerned an application for leave to appeal from a decision of White J, which itself arose from a refusal to quash a decision of the Consumer, Trader and Tenancy Tribunal. The applicant, Kyriakou, alleged a denial of procedural fairness by the Tribunal. The respondents were Long and others.

The primary legal issue before the Court of Appeal was whether there was an arguable error in the decision below, which had refused to quash the Tribunal's decision. This involved considering whether the Tribunal's decision-making process, which included an opportunity for a rehearing by the decision-maker, had afforded procedural fairness to the applicant. The applicant had previously made and had rejected an application for such a rehearing.

Basten and Meagher JJA found no arguable error in the decision of White J. Their Honours reasoned that the Tribunal's process, which allowed for a rehearing, provided a sufficient opportunity for the applicant to present their case. The prior rejection of the applicant's request for a rehearing did not, in the circumstances, demonstrate a denial of procedural fairness. Consequently, the Court determined there was no utility in adjourning the application for leave to appeal.

The Court ordered that the application for an adjournment be refused, and the application for leave to appeal be dismissed. The appeal itself was dismissed as incompetent, and the applicant was ordered to pay the respondents' costs.