Wise v Consumer Trader & Tenancy Tribunal & Ors [2005] NSWSC 947

Wise v Consumer Trader & Tenancy Tribunal & Ors [2005] NSWSC 947

The plaintiff failed to establish that the Tribunal erred in exercising its discretion under s64(2)(c) of the Residential Tenancies Act 1987, nor that any jurisdictional error or pure question of law arose justifying appeal; new issues not ventilated below cannot be raised now.

Jurisdiction
Australia
Judgment Date
26 September 2005
Procedural Posture
Appeal / Judgment on Appeal From Tribunal
Outcome
Proceedings dismissed
Legal Topics
['residential Tenancies' 'appeals From Administrative Tribunals' 'discretion' 'jurisdictional Error']
['administrative Law' 'tenancy Law'] ['residential Tenancies' 'appeals From Administrative Tribunals' 'discretion' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal erred in exercising discretion under s64(2)(c) of the Residential Tenancies Act 1987' 'Whether the correspondence between the parties created a fixed-term tenancy or life tenure' 'Whether new jurisdictional questions not raised before the Tribunal can be heard on appeal']

Ratio Decidendi

The plaintiff failed to establish that the Tribunal erred in exercising its discretion under s64(2)(c) of the Residential Tenancies Act 1987, nor that any jurisdictional error or pure question of law arose justifying appeal; new issues not ventilated below cannot be raised now.

Court Disposition

Proceedings dismissed

Orders

  • ['The proceedings are dismissed' 'The plaintiff is to pay the costs of the proceedings' 'The stay ordered by Greg James J on 11 February 2005 is set aside' 'The exhibits may be returned']