Aboriginal Housing Company Ltd v Kaye-Engel (No 7) [2015] NSWSC 1554

Aboriginal Housing Company Ltd v Kaye-Engel (No 7) [2015] NSWSC 1554

Consistently with the findings and reasons in Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241, and because the plaintiff limited its claim for unpaid rent and sought remittal of the possession aspect to NCAT, the Court entered judgment for the plaintiff for $39,639.59, remitted proceedings SH 11/13265 to NCAT, and ordered the defendant to pay the plaintiff's costs.

Jurisdiction
Australia
Judgment Date
21 October 2015
Procedural Posture
Civil Law Proceedings / Final Orders Determined on the Papers
Outcome
Judgment for the plaintiff; proceedings remitted to NCAT; defendant to pay plaintiff's costs.
Legal Topics
['final Orders' 'remittal to Ncat' 'unpaid Rent' 'costs']
['civil Law'] ['final Orders' 'remittal to Ncat' 'unpaid Rent' 'costs']

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Procedural Posture

Civil Law Proceedings / Final Orders Determined on the Papers

Legal Issues

  1. 1 ['What final orders should be made consistent with Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241.' 'Whether proceedings SH 11/13265 should be remitted to the Civil and Administrative Tribunal of New South Wales in light of the jurisdictional question as to orders for possession.' 'Whether judgment should be entered for unpaid rent up to and including 16 February 2015.' "Whether the defendant should pay the plaintiff's costs, including costs of the cross-claim."]

Ratio Decidendi

Consistently with the findings and reasons in Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241, and because the plaintiff limited its claim for unpaid rent and sought remittal of the possession aspect to NCAT, the Court entered judgment for the plaintiff for $39,639.59, remitted proceedings SH 11/13265 to NCAT, and ordered the defendant to pay the plaintiff's costs.

Court Disposition

Judgment for the plaintiff; proceedings remitted to NCAT; defendant to pay plaintiff's costs.

Orders

  • ['Judgment for the plaintiff in the sum of $39,639.59.' 'Pursuant to section 6(2) of Schedule 4 the Civil and Administrative Tribunal Act 2013, order that the proceedings SH 11/13265 be remitted to the Civil and Administrative Tribunal of New South Wales to be dealt with in light of the reasons given in these...