Alfaro & Anor v Nash and Ors [2002] NSWCA 144

Alfaro & Anor v Nash and Ors [2002] NSWCA 144

Leave to appeal is refused in respect of claims previously determined by higher courts as re-litigation is an abuse of process, but limited leave is granted on the ground that if the Residential Tribunal lacked jurisdiction, its orders could be nullities and enforcement may constitute assault/trespass.

Jurisdiction
Australia
Judgment Date
15 May 2002
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal From Supreme Court Decision
Outcome
Limited leave to appeal granted (only on the issue of alleged assault following invalid Tribunal orders); other applications for leave dismissed with costs.
Legal Topics
['abuse of Process' 'estoppel' 'tribunal Jurisdiction' 'bankruptcy' 'residential Tenancy']
['civil Procedure'] ['abuse of Process' 'estoppel' 'tribunal Jurisdiction' 'bankruptcy' 'residential Tenancy']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal From Supreme Court Decision

Legal Issues

  1. 1 ['Whether claimants could re-litigate matters previously determined by the Supreme Court and Federal Court' 'Whether leave to appeal should be granted on claims relating to invalidity of Residential Tribunal orders and alleged assault' "Whether Tribunal's orders were a nullity if premises were not residential and thus if enforcement was trespass"]

Ratio Decidendi

Leave to appeal is refused in respect of claims previously determined by higher courts as re-litigation is an abuse of process, but limited leave is granted on the ground that if the Residential Tribunal lacked jurisdiction, its orders could be nullities and enforcement may constitute assault/trespass.

Court Disposition

Limited leave to appeal granted (only on the issue of alleged assault following invalid Tribunal orders); other applications for leave dismissed with costs.

Orders

  • ['Applications for leave to appeal against 1st to 7th and 13th to 15th opponents dismissed with costs.' 'Against 8th to 12th opponents, leave to appeal granted (strictly limited to damages based on assault consequent on Tribunal order), subject to Order 3.' 'Notice of appeal strictly limited to matters in respect of...