NSW Land & Housing Corporation v Christodoulou [2013] NSWDC 81

NSW Land & Housing Corporation v Christodoulou [2013] NSWDC 81

The Tribunal's decision involved errors on questions with respect to matters of law. It relied on unsupported and extraneous speculation about the dog's motivation and the injured employee's conduct; it unreasonably rejected the existence of the landlord's reasonable opinion under clause 28.2 despite the notice and evidence of the dog attack; and it failed to give relevant consideration to evidence bearing on recklessness under s 90 of the Residential Tenancies Act 2010. Those errors required the appeal to be allowed and the proceedings remitted for determination according to law.

Jurisdiction
Australia
Judgment Date
04 June 2013
Procedural Posture
Civil Appeal From Decision of the Consumer, Trader and Tenancy Tribunal Refusing an Application to Terminate a Public Housing Tenancy / Appeal in the District Court of New South Wales
Outcome
Appeal allowed; CTTT decision and orders set aside; proceedings remitted to the Consumer, Trader and Tenancy Tribunal for determination according to law; costs ordered against Mr Christodoulou on the ordinary basis unless otherwise ordered.
Legal Topics
['appeal on a Question With Respect to a Matter of Law' 'termination of Residential Tenancy' 'serious Injury by Tenant or Occupant' 'recklessness' 'reasonable Opinion of Landlord Under Tenancy Agreement' 'findings Made Without Evidence' 'remittal']
['administrative Law' 'residential Tenancies' 'public Housing'] ['appeal on a Question With Respect to a Matter of Law' 'termination of Residential Tenancy' 'serious Injury by Tenant or Occupant' 'recklessness' 'reasonable Opinion of Landlord Under Tenancy Agreement' 'findings Made Without Evidence' 'remittal']

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Procedural Posture

Civil Appeal From Decision of the Consumer, Trader and Tenancy Tribunal Refusing an Application to Terminate a Public Housing Tenancy / Appeal in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the Tribunal made findings and orders based on no evidence or by reference to extraneous matters.' 'Whether the Tribunal erred in determining whether the landlord held a reasonable opinion under clause 28.2 of the residential tenancy agreement that the dog was not suitable to be kept on the premises.' 'Whether the Tribunal erred in applying s 90 of the Residential Tenancies Act 2010 to the issue of whether the tenant intentionally or recklessly caused or permitted injury.' 'Whether the decision of the Tribunal involved an error on a question with respect to a matter of law under s 67(1) of the Consumer, Trader and Tenancy Act 2001.']

Ratio Decidendi

The Tribunal's decision involved errors on questions with respect to matters of law. It relied on unsupported and extraneous speculation about the dog's motivation and the injured employee's conduct; it unreasonably rejected the existence of the landlord's reasonable opinion under clause 28.2 despite the notice and evidence of the dog attack; and it failed to give relevant consideration to evidence bearing on recklessness under s 90 of the Residential Tenancies Act 2010. Those errors required the appeal to be allowed and the proceedings remitted for determination according to law.

Court Disposition

Appeal allowed; CTTT decision and orders set aside; proceedings remitted to the Consumer, Trader and Tenancy Tribunal for determination according to law; costs ordered against Mr Christodoulou on the ordinary basis unless otherwise ordered.

Orders

  • ['The appeal is allowed;' 'The decision and orders made by the Consumer, Trader and Tenancy Tribunal on 24 September and 3 October 2012 are set aside;' 'The proceedings are remitted to the Consumer, Trader and Tenancy Tribunal for determination according to law;' "The plaintiff's costs of the summons and of the...