Firth v Liddle [2020] NSWCATAP 249

Firth v Liddle [2020] NSWCATAP 249

Because the residential tenancy agreement was entered into before 23 March 2020, the Tribunal erred in law by applying s 107 in its present form. The appeal is allowed, orders are set aside, and the matter is remitted for redetermination according to law.

Jurisdiction
Australia
Judgment Date
26 November 2020
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed, orders set aside, matter remitted for new hearing and redetermination
Legal Topics
['appeal' 'error of Law' 'application of S 107 Residential Tenancies Act 2010' 'compensation for Abandonment']
['land Law' 'residential Tenancy'] ['appeal' 'error of Law' 'application of S 107 Residential Tenancies Act 2010' 'compensation for Abandonment']

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ['Did the Tribunal err in law by applying s 107 of the Residential Tenancies Act 2010 (as amended) to a lease entered prior to 23 March 2020 in calculating compensation for abandonment?']

Ratio Decidendi

Because the residential tenancy agreement was entered into before 23 March 2020, the Tribunal erred in law by applying s 107 in its present form. The appeal is allowed, orders are set aside, and the matter is remitted for redetermination according to law.

Court Disposition

Appeal allowed, orders set aside, matter remitted for new hearing and redetermination

Orders

  • ['The appeal is allowed.' 'Orders 2 and 3 made by the Tribunal on 24 August 2020 are set aside.' "The proceedings are remitted to the Consumer and Commercial Division for a new hearing and redetermination, according to law, of the appellant's claim for compensation for abandonment of the residential premises, based...