Gunner v Lawrence; Lawrence v Gunner [2015] NSWCATCD 127

Gunner v Lawrence; Lawrence v Gunner [2015] NSWCATCD 127

Stevenson J had found that Mr and Mrs Lawrence occupied the premises pursuant to a residential tenancy agreement for the purposes of the Residential Tenancies Act 2010, and that finding was binding on the Tribunal by res judicata and issue estoppel. Mrs Gunner's solicitor's letter of 27 October 2011 satisfied the formal requirements for a termination notice for a periodic agreement, was properly given, and specified a termination date at least 90 days after service. Mr and Mrs Lawrence had not vacated, and the termination application filed on 21 February 2012 was within the prescribed 30-day period. The Tribunal therefore had no discretion to refuse termination, and four weeks was an...

Jurisdiction
Australia
Judgment Date
05 November 2015
Procedural Posture
Residential Tenancy Applications for Termination and Possession and for a Declaration Under S 11 of the Residential Tenancies Act 2010 / Final Determination in NCAT After Remittal From the Supreme Court of New South Wales
Outcome
The tenancy agreement was terminated, possession was ordered for the landlord with the order for possession suspended for four weeks, and Mr and Mrs Lawrence's application was dismissed.
Legal Topics
['remittal From Supreme Court' 'residential Tenancy Agreement' 'issue Estoppel and Res Judicata' 'validity of Termination Notice' 'termination of Periodic Agreement' 'order for Possession' 'costs in Ncat']
['residential Tenancy' 'civil Procedure'] ['remittal From Supreme Court' 'residential Tenancy Agreement' 'issue Estoppel and Res Judicata' 'validity of Termination Notice' 'termination of Periodic Agreement' 'order for Possession' 'costs in Ncat']

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Procedural Posture

Residential Tenancy Applications for Termination and Possession and for a Declaration Under S 11 of the Residential Tenancies Act 2010 / Final Determination in NCAT After Remittal From the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether Stevenson J in the Supreme Court found that Mr and Mrs Lawrence occupied the premises pursuant to a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010.' 'Whether the Tribunal was bound by the Supreme Court finding that there was a residential tenancy agreement.' 'Whether Mrs Gunner gave Mr and Mrs Lawrence a valid termination notice for a periodic agreement under s 85 of the Residential Tenancies Act 2010.' 'Whether the application for termination and possession was filed within time and otherwise in accordance with the Residential Tenancies Act 2010.' 'What date should be fixed for possession of the premises.']

Ratio Decidendi

Stevenson J had found that Mr and Mrs Lawrence occupied the premises pursuant to a residential tenancy agreement for the purposes of the Residential Tenancies Act 2010, and that finding was binding on the Tribunal by res judicata and issue estoppel. Mrs Gunner's solicitor's letter of 27 October 2011 satisfied the formal requirements for a termination notice for a periodic agreement, was properly given, and specified a termination date at least 90 days after service. Mr and Mrs Lawrence had not vacated, and the termination application filed on 21 February 2012 was within the prescribed 30-day period. The Tribunal therefore had no discretion to refuse termination, and four weeks was an...

Court Disposition

The tenancy agreement was terminated, possession was ordered for the landlord with the order for possession suspended for four weeks, and Mr and Mrs Lawrence's application was dismissed.

Orders

  • ['In RT 15/51215 (RT 12/09391), the tenancy agreement is terminated and possession is to be given to the landlord immediately.' 'In RT 15/51215 (RT 12/09391), the order for possession is suspended for four weeks from the date of these orders.' 'In RT 12/15580, the application is dismissed.' 'Any application for...