Singh v Khan [2019] NSWCA 196

Singh v Khan [2019] NSWCA 196

The applicant's refusal to pay rent on the basis that the landlord had not produced a trust deed or that tax invoices were invalid was misconceived, as these matters did not affect the legal owner's entitlement to rent or possession; the claims regarding Tribunal jurisdiction and requirements under s 23C of the Conveyancing Act lacked merit; accordingly, the application for leave to appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal in the Court of Appeal From Orders of Button J (supreme Court of New South Wales, Common Law Division)
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['lease Agreements' 'trusts' 'tribunal Jurisdiction' 'payment of Rent' 'tax Invoices' 'application for Leave to Appeal' 'possession Orders']
['landlord and Tenant' 'civil Procedure'] ['lease Agreements' 'trusts' 'tribunal Jurisdiction' 'payment of Rent' 'tax Invoices' 'application for Leave to Appeal' 'possession Orders']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal in the Court of Appeal From Orders of Button J (supreme Court of New South Wales, Common Law Division)

Legal Issues

  1. 1 ["Whether landlord's refusal to produce trust deed justifies tenant's non-payment of rent" 'Whether tax invoices issued by landlord are invalid absent production of trust deed' 'Whether Tribunal lacked jurisdiction due to pending Supreme Court proceedings' 'Whether s 23C(1)(b) of the Conveyancing Act applies to require production of a trust deed for rent payment obligation' 'Whether an appeal lay to the Supreme Court under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

The applicant's refusal to pay rent on the basis that the landlord had not produced a trust deed or that tax invoices were invalid was misconceived, as these matters did not affect the legal owner's entitlement to rent or possession; the claims regarding Tribunal jurisdiction and requirements under s 23C of the Conveyancing Act lacked merit; accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The summons seeking leave to appeal filed on 11 June 2019 is dismissed with costs.']