Maconachie v Kullenberg

The appeal concerned a decision of the Consumer Trader and Tenancy Tribunal which found that the Claimant had aided and abetted a company's contravention of the *Fair Trading Act 1987*. The Claimant sought judicial review of this decision, arguing that the Tribunal had failed to afford him procedural fairness.

The primary legal issue before the Court of Appeal was whether the Tribunal's decision was vitiated by a failure to comply with statutory requirements for service and a denial of procedural fairness. Specifically, the court considered whether the Claimant, who was joined as a party to the proceedings, had been given adequate notice and a reasonable opportunity to be heard before the Tribunal made its findings against him.

The Court of Appeal reasoned that the Tribunal had erred by failing to serve the Claimant with notice of the proceedings as required by statute, and by not providing him with a reasonable opportunity to present his case. This failure to adhere to procedural requirements amounted to a denial of procedural fairness. Consequently, the Court allowed the appeal, setting aside the Master's judgment and the Tribunal's decision as against the Claimant. The matter was remitted to the Tribunal for a fresh hearing and determination according to law.