NSW Land and Housing Corporation v George Katanasho & Anor [2014] NSWCATCD 198

NSW Land and Housing Corporation v George Katanasho & Anor [2014] NSWCATCD 198

The Tribunal was satisfied that notice of the hearing had been posted to the tenant, or at least duly attempted, and that justice required the matter to proceed in the tenant's absence. On the landlord's uncontested evidence, the banana trees were damaging the boundary fence, the landlord had a bona fide repair and maintenance reason for access, proper notice for access had been given under Section 55(2)(b), and the tenant failed to comply with the duty to permit access under Section 58. The landlord was therefore entitled to access orders under Section 60.

Jurisdiction
Australia
Judgment Date
08 October 2014
Procedural Posture
Landlord Application for Orders Authorising Access to Residential Premises / Hearing in the Consumer and Commercial Division; Orders Made in the Absence of the Tenant
Outcome
Application granted; landlord authorised to enter the premises for specified works and tenant's name amended.
Legal Topics
['access to Residential Premises' 'repairs and Maintenance' 'ex Parte Proceedings' 'service of Notice']
['residential Tenancies' 'civil Procedure'] ['access to Residential Premises' 'repairs and Maintenance' 'ex Parte Proceedings' 'service of Notice']

Case Brief

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Procedural Posture

Landlord Application for Orders Authorising Access to Residential Premises / Hearing in the Consumer and Commercial Division; Orders Made in the Absence of the Tenant

Legal Issues

  1. 1 ["Whether the Tribunal should proceed in the tenant's absence after the tenant failed to attend the hearing." 'Whether the landlord was entitled to orders authorising entry to the residential premises to remove banana trees and carry out related fence work.' 'Whether the landlord had given proper notice for access and whether the tenant had failed to permit access.']

Ratio Decidendi

The Tribunal was satisfied that notice of the hearing had been posted to the tenant, or at least duly attempted, and that justice required the matter to proceed in the tenant's absence. On the landlord's uncontested evidence, the banana trees were damaging the boundary fence, the landlord had a bona fide repair and maintenance reason for access, proper notice for access had been given under Section 55(2)(b), and the tenant failed to comply with the duty to permit access under Section 58. The landlord was therefore entitled to access orders under Section 60.

Court Disposition

Application granted; landlord authorised to enter the premises for specified works and tenant's name amended.

Orders

  • ['The Tribunal authorises the landlord NSW Land and Housing Corporation - T503 and/or their contractors to enter the residential premises between 10:00 am and 2:00 pm on 10 September 2014 for the purpose of carrying out the following work: removal of the banana trees and poisoning of the tree stumps.' 'The Tribunal...