Gill & Anor v Residential Tribunal & Ors [2001] NSWSC 896

Gill & Anor v Residential Tribunal & Ors [2001] NSWSC 896

Because the proceedings arose under the Residential Tribunal Act 1998 and had been referred to a Master under Supreme Court Rules Schedule D Pt 3 para 5, Pt 60 rr 10 and 17 precluded an appeal to a single Judge and allowed only an appeal to the Court of Appeal with leave. Section 118(3) of the Supreme Court Act 1970 did not create an independent or additional appeal right. The purported appeal to a Judge was therefore incompetent.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Appeal From Residential Tribunal; Purported Appeal From Decision of a Master / Determination of Whether There Was a Right of Appeal From the Master's Decision to the Court Constituted by a Judge
Outcome
Appeal incompetent; Notice of Motion filed 9 August 2001 dismissed with costs.
Legal Topics
['appeal From Residential Tribunal' 'reference to Master' 'appeal From Master' 'jurisdiction of Single Judge' 'supreme Court Rules Pt 60']
['practice and Procedure' 'administrative Law' 'residential Tenancy'] ['appeal From Residential Tribunal' 'reference to Master' 'appeal From Master' 'jurisdiction of Single Judge' 'supreme Court Rules Pt 60']

Case Brief

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Procedural Posture

Appeal From Residential Tribunal; Purported Appeal From Decision of a Master / Determination of Whether There Was a Right of Appeal From the Master's Decision to the Court Constituted by a Judge

Legal Issues

  1. 1 ["Whether an appeal lies to the Court constituted by a Judge from a Master's decision in proceedings referred under Supreme Court Rules Schedule D Pt 3 para 5 arising under the Residential Tribunal Act 1998 or Residential Tenancies Act 1987." 'Whether s 118(3) of the Supreme Court Act 1970 provides an independent right of appeal from a Master to a Judge notwithstanding Supreme Court Rules Pt 60 rr 10 and 17.']

Ratio Decidendi

Because the proceedings arose under the Residential Tribunal Act 1998 and had been referred to a Master under Supreme Court Rules Schedule D Pt 3 para 5, Pt 60 rr 10 and 17 precluded an appeal to a single Judge and allowed only an appeal to the Court of Appeal with leave. Section 118(3) of the Supreme Court Act 1970 did not create an independent or additional appeal right. The purported appeal to a Judge was therefore incompetent.

Court Disposition

Appeal incompetent; Notice of Motion filed 9 August 2001 dismissed with costs.

Orders

  • ['Appeal incompetent.' 'Notice of Motion filed 9 August 2001 dismissed with costs.']