McNamara v Consumer Trader and Tenancy Tribunal & anor [2003] NSWSC 349

McNamara v Consumer Trader and Tenancy Tribunal & anor [2003] NSWSC 349

The Roads & Traffic Authority is a statutory body representing the Crown for the purposes of any Act, and under s 5 of the Landlord and Tenant (Amendment) Act 1948, the Act does not bind the Crown. Therefore, the Tribunal's jurisdiction under the Residential Tenancies Act 1987 is affirmed and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
28 April 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; proceedings remitted to Tribunal for further hearing; costs awarded to respondent.
Legal Topics
['crown Immunity' 'application of Legislation to Residential Tenancies' "interpretation of 'statutory Body Representing the Crown'"]
['administrative Law' 'statutory Interpretation' 'landlord and Tenant'] ['crown Immunity' 'application of Legislation to Residential Tenancies' "interpretation of 'statutory Body Representing the Crown'"]

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Does s 5 of the Landlord and Tenant (Amendment) Act 1948 (NSW) exclude the operation of that Act to statutory bodies representing the Crown such as the Roads & Traffic Authority?' 'Does the Consumer Trader and Tenancy Tribunal have jurisdiction under the Residential Tenancies Act 1987 (NSW) regarding the tenancy?' 'Is the termination notice served by the RTA valid under the applicable legislation?']

Ratio Decidendi

The Roads & Traffic Authority is a statutory body representing the Crown for the purposes of any Act, and under s 5 of the Landlord and Tenant (Amendment) Act 1948, the Act does not bind the Crown. Therefore, the Tribunal's jurisdiction under the Residential Tenancies Act 1987 is affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; proceedings remitted to Tribunal for further hearing; costs awarded to respondent.

Orders

  • ['Judgment of the Tribunal affirmed.' 'Summons dismissed with costs.' 'Proceedings remitted to the Tribunal for further hearing.']