Almahy v Jones [2020] NSWCATAP 69

Almahy v Jones [2020] NSWCATAP 69

The Tribunal did not have jurisdiction because at the commencement of proceedings, the landlord resided in Melbourne, Victoria, and the tenants in Sydney, New South Wales; as such, the parties were residents of different States. Per s 75(iv) of the Constitution and relevant authority, the Tribunal was not competent to determine such matters.

Parties
First Appellant: Ihab F Almahy; Second Appellant: Yassmyna Nadya Mguizra; Respondent: Brent Jones
Jurisdiction
Australia
Judgment Date
28 April 2020
Procedural Posture
Appeal / Appeal Decision After Hearing; Extension of Time Sought
Outcome
Appeal allowed; Tribunal's previous orders set aside; application declined due to lack of jurisdiction.
Legal Topics
Tribunal Jurisdiction, Federal Matters, Residents of Different States, Residential Tenancy Disputes
Administrative Law Constitutional Law Tenancy Law Tribunal Jurisdiction Federal Matters Residents of Different States Residential Tenancy Disputes

Case Brief

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Parties

Ihab F Almahy

First Appellant

Yassmyna Nadya Mguizra

Second Appellant

Brent Jones

Respondent

Procedural Posture

Appeal / Appeal Decision After Hearing; Extension of Time Sought

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to determine a residential tenancy dispute between residents of different States at the commencement of proceedings
  2. 2 Whether extension of time to file appeal should be granted

Ratio Decidendi

The Tribunal did not have jurisdiction because at the commencement of proceedings, the landlord resided in Melbourne, Victoria, and the tenants in Sydney, New South Wales; as such, the parties were residents of different States. Per s 75(iv) of the Constitution and relevant authority, the Tribunal was not competent to determine such matters.

Court Disposition

Appeal allowed; Tribunal's previous orders set aside; application declined due to lack of jurisdiction.

Orders

  • The time to file the Notice of Appeal is extended to 15 January 2020.
  • The appeal is allowed.