Elabbas v CTTT & Anor [2007] NSWSC 878

Elabbas v CTTT & Anor [2007] NSWSC 878

The notice of termination was validly served by posting it to the residential premises as required by the relevant regulation, regardless of the plaintiff's physical absence due to incarceration. The Tribunal acted within its discretion regarding termination and the calculation of rental arrears. No denial of procedural fairness was found as the parties had reasonable opportunity to present their case.

Parties
Plaintiff: Anwar Elabbas; First Defendant: Consumer Trader and Tenancy Tribunal; Second Defendant: New South Wales Land and Housing Corporation
Jurisdiction
Australia
Judgment Date
13 August 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; Tribunal orders affirmed; summons dismissed; costs to defendants.
Legal Topics
Service of Notice of Termination, Procedural Fairness, Calculation of Rental Arrears
Administrative Law Residential Tenancy Service of Notice of Termination Procedural Fairness Calculation of Rental Arrears

Case Brief

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Parties

Anwar Elabbas

Plaintiff

Consumer Trader and Tenancy Tribunal

First Defendant

New South Wales Land and Housing Corporation

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the notice of termination was properly served on the tenant
  2. 2 Whether the Tribunal correctly calculated the arrears of rent
  3. 3 Whether there was a denial of procedural fairness by the Tribunal

Ratio Decidendi

The notice of termination was validly served by posting it to the residential premises as required by the relevant regulation, regardless of the plaintiff's physical absence due to incarceration. The Tribunal acted within its discretion regarding termination and the calculation of rental arrears. No denial of procedural fairness was found as the parties had reasonable opportunity to present their case.

Court Disposition

Appeal dismissed; Tribunal orders affirmed; summons dismissed; costs to defendants.

Orders

  • The appeal is dismissed.
  • The orders of the Tribunal Member Jeffrey Smith dated 20 December 2006 are affirmed.