Coe v Residential Tenancies Tribunal & Anor [1999] NSWSC 617

Coe v Residential Tenancies Tribunal & Anor [1999] NSWSC 617

The plaintiff's proposed grounds disclosed no error of law in the Tribunal's decision. Any alleged genocide was not the responsibility of the Metropolitan Local Aboriginal Land Council, so the Tribunal's failure to consider it was not an error of law. The Aboriginal Land Rights Act 1983 empowered the Council to lease land and, by implication and by s 41, to terminate a lease for breach such as non-payment of rent. The Tribunal considered its jurisdiction and authorisation issues, and any findings about authority were factual matters not reviewable on an appeal limited to law. Fresh factual and natural justice points raised late were not an adequate basis to resist summary judgment.

Jurisdiction
Australia
Judgment Date
22 June 1999
Procedural Posture
Appeal Pursuant to S 107(2) of the Residential Tenancies Act 1987 From a Decision of the Residential Tenancies Tribunal / Hearing of the Second Defendant's Notice of Motion Seeking Summary Judgment Pursuant to SCR Pt 13 R 5
Outcome
Summons dismissed; plaintiff ordered to pay the second defendant's costs; stay of execution of the possession order granted to 31 July 1999 on terms.
Legal Topics
['residential Tenancy Termination' 'non Payment of Rent' 'possession of Premises' 'powers of Local Aboriginal Land Councils' 'appeal on a Question of Law' 'summary Judgment' 'tribunal Jurisdiction' 'natural Justice']
['administrative Law' 'landlord and Tenant' 'residential Tenancies' 'aboriginal Land Rights'] ['residential Tenancy Termination' 'non Payment of Rent' 'possession of Premises' 'powers of Local Aboriginal Land Councils' 'appeal on a Question of Law' 'summary Judgment' 'tribunal Jurisdiction' 'natural Justice']

Case Brief

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Procedural Posture

Appeal Pursuant to S 107(2) of the Residential Tenancies Act 1987 From a Decision of the Residential Tenancies Tribunal / Hearing of the Second Defendant's Notice of Motion Seeking Summary Judgment Pursuant to SCR Pt 13 R 5

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by failing to have regard to alleged genocide of Aboriginal people as giving the plaintiff an entitlement to a maintained dwelling or compensation by way of reparation.' 'Whether a Local Aboriginal Land Council has power to evict an Aboriginal member from premises held under a residential tenancy agreement for breach, including non-payment of rent.' 'Whether the Tribunal had jurisdiction to terminate the tenancy and make an order for possession in favour of the Metropolitan Local Aboriginal Land Council.' 'Whether the Council required authorisation by a properly constituted meeting before seeking orders from the Tribunal, and whether any issue about such authorisation or natural justice could be raised on the appeal.' "Whether summary judgment should be entered on the second defendant's motion."]

Ratio Decidendi

The plaintiff's proposed grounds disclosed no error of law in the Tribunal's decision. Any alleged genocide was not the responsibility of the Metropolitan Local Aboriginal Land Council, so the Tribunal's failure to consider it was not an error of law. The Aboriginal Land Rights Act 1983 empowered the Council to lease land and, by implication and by s 41, to terminate a lease for breach such as non-payment of rent. The Tribunal considered its jurisdiction and authorisation issues, and any findings about authority were factual matters not reviewable on an appeal limited to law. Fresh factual and natural justice points raised late were not an adequate basis to resist summary judgment.

Court Disposition

Summons dismissed; plaintiff ordered to pay the second defendant's costs; stay of execution of the possession order granted to 31 July 1999 on terms.

Orders

  • ['Summons dismissed.' "The plaintiff is to pay the second defendant's costs of the motion and of the proceedings to date." 'Stay of execution of the order for possession granted to 31 July 1999 on terms that the plaintiff pay an occupation fee of $30 per week so long as she remains in possession, the first payment...