Lazic v Pacey and Ors

The appellant, Mr Lazic, sought an appeal against the decision of the Consumer Tenancy and Trader Tribunal. The dispute related to the tribunal's refusal to grant him relief from an order for possession of property. The respondents were Mr Pacey and others, who were the tenants of the property. The matter was heard in the Supreme Court of Queensland.

The central legal issue before the court was whether it had jurisdiction to hear the appeal. Additionally, the court needed to determine whether the relief sought by Mr Lazic was in the nature of a writ of certiorari. The respondents argued that the court lacked jurisdiction to hear the appeal and that the relief sought was not appropriate.

The court found that it had jurisdiction to hear the appeal, as the matter involved the interpretation and application of legislation governing consumer tenancies and traders. The court also held that the relief sought by Mr Lazic was not in the nature of a writ of certiorari, but rather a review of the tribunal's decision under the relevant statutory provisions. Consequently, the court dismissed the motion and ordered that the respondents pay the appellant's costs. The outstanding motion and the appeal were listed for hearing on 27 April 2009, with a time estimate of one day plus and the liberty to the parties to apply if the date proved to be unsuitable.