Souleles v Todd

The applicant, Souleles, sought leave to appeal from a decision of an Associate Judge who had dismissed his application for certiorari. The certiorari application sought to quash a decision of the Consumer, Trader and Tenancy Tribunal (CTTT) that ordered Souleles to pay damages to the respondent, Todd. Souleles had not been present at the CTTT hearing.

The primary legal issues before the Court of Appeal were whether the Associate Judge had erred in making factual findings regarding the notification of the hearing date to Souleles, whether the Associate Judge had erred in concluding that there was no denial of procedural fairness at the CTTT hearing, and whether the Associate Judge had erred in declining to find that the CTTT lacked jurisdiction to make the order against Souleles.

The Court of Appeal found that there was no arguable case warranting leave to appeal. The Associate Judge's findings of fact concerning notification were open to her, and her conclusion that there had been no denial of procedural fairness was sound. Consequently, the Associate Judge had correctly declined to hold that the CTTT lacked jurisdiction.

The summons seeking leave to appeal was dismissed with costs. No order was made as to the costs of the adjourned hearing on 12 April 2016, with the intention that each party bear their own costs for that date.