Herring v NSW Land & Housing Corp & Anor [2001] NSWSC 129

Herring v NSW Land & Housing Corp & Anor [2001] NSWSC 129

The Tribunal was not bound to hear all of the plaintiff's tapes, was entitled to determine the relevance of the evidence presented, and afforded the plaintiff a reasonable opportunity to present his case. No procedural unfairness or denial of natural justice occurred; therefore, the appeal fails.

Jurisdiction
Australia
Judgment Date
14 March 2001
Procedural Posture
Administrative Law Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['tribunal Appeals' 'procedural Fairness' 'natural Justice' 'quiet Enjoyment of Premises']
['administrative Law' 'tenancy Law'] ['tribunal Appeals' 'procedural Fairness' 'natural Justice' 'quiet Enjoyment of Premises']

Case Brief

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Procedural Posture

Administrative Law Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by not listening to all evidence (audio tapes) presented by the plaintiff' 'Whether the Tribunal failed to bring the parties to settlement as required' 'Whether the plaintiff was denied procedural fairness and natural justice']

Ratio Decidendi

The Tribunal was not bound to hear all of the plaintiff's tapes, was entitled to determine the relevance of the evidence presented, and afforded the plaintiff a reasonable opportunity to present his case. No procedural unfairness or denial of natural justice occurred; therefore, the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • ['The amended summons filed 5 February 2001 is dismissed.' "The plaintiff is to pay the defendants' costs."]