Faraday v Residential Tribunal [2002] NSWSC 126

Faraday v Residential Tribunal [2002] NSWSC 126

The plaintiff failed to establish any arguable matter of law to support his appeal, and his repeated non-appearance, despite ample notice and accommodations, precluded any claim to relief for denial of natural justice.

Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Appeal / Final Hearing
Outcome
Amended Summons dismissed with costs, including reserved costs.
Legal Topics
['appeal From Residential Tribunal' 'non Appearance by Plaintiff' 'natural Justice' 'summary Dismissal' 'prerogative Relief']
['administrative Law' 'practice & Procedure'] ['appeal From Residential Tribunal' 'non Appearance by Plaintiff' 'natural Justice' 'summary Dismissal' 'prerogative Relief']

Case Brief

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Procedural Posture

Appeal / Final Hearing

Legal Issues

  1. 1 ["Whether the plaintiff is entitled to relief overturning the Residential Tribunal's decision of 18 July 2001" 'Whether failure to appear deprived the plaintiff of natural justice under s 60(3)(b) of the Residential Tribunal Act 1998' 'Whether the plaintiff disclosed any arguable ground of law in the Amended Summons']

Ratio Decidendi

The plaintiff failed to establish any arguable matter of law to support his appeal, and his repeated non-appearance, despite ample notice and accommodations, precluded any claim to relief for denial of natural justice.

Court Disposition

Amended Summons dismissed with costs, including reserved costs.

Orders

  • ['Amended Summons dismissed with costs, including reserved costs.' 'Order for eviction of 18 July 2001 and any warrant thereon not to be executed before 22 March 2002.' 'Further applications for variation or stay only to be heard by Dunford J (as Administrative Law List judge) unless unavailable, on at least 48...