ASSI V. KEUNG & ANOR. [1999] NSWSC 206

ASSI V. KEUNG & ANOR. [1999] NSWSC 206

A decision of the Chairperson under s.63 was treated as a decision appealable under s.62, but the plaintiff did not show an error of law. Although the lease's specified payment method appeared to have been waived, the material before the Chairperson showed only that payment by cheque had been refused and that three rent cheques had previously been dishonoured; it did not show any practice, agreement or other basis requiring the landlords to accept a cheque. The Tribunal did not deny natural justice by proceeding when the plaintiff had notice of the hearing and failed to attend or send a representative. Even if there were a serious question for interlocutory purposes, the balance of...

Jurisdiction
Australia
Judgment Date
12 March 1999
Procedural Posture
Appeal From Residential Tenancies Tribunal Decision and Application for Interlocutory Injunction / Interlocutory Application
Outcome
Proceedings dismissed; existing interlocutory injunction extended only until and including 19 March 1999 on undertakings; plaintiff ordered to pay defendants' costs.
Legal Topics
['residential Tenancies Tribunal' 'appeal on a Matter of Law' 'application for Rehearing' 'refusal to Accept Cheque' 'interlocutory Injunction' 'termination of Tenancy and Possession']
['landlord and Tenant' 'residential Tenancies' 'payment and Tender'] ['residential Tenancies Tribunal' 'appeal on a Matter of Law' 'application for Rehearing' 'refusal to Accept Cheque' 'interlocutory Injunction' 'termination of Tenancy and Possession']

Case Brief

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Procedural Posture

Appeal From Residential Tenancies Tribunal Decision and Application for Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 ["Whether an appeal on a matter of law under s.62 of the Residential Tribunal Act 1998 was available from the Chairperson's decision under s.63 refusing a rehearing." "Whether the Chairperson erred in law by concluding that evidence that the landlords' agent refused payment by personal cheque would not have changed the outcome of the Tribunal hearing." 'Whether the original Tribunal hearing proceeded in denial of natural justice when the plaintiff had notice but did not attend.' 'Whether an interlocutory injunction restraining the defendants from taking possession should be extended.']

Ratio Decidendi

A decision of the Chairperson under s.63 was treated as a decision appealable under s.62, but the plaintiff did not show an error of law. Although the lease's specified payment method appeared to have been waived, the material before the Chairperson showed only that payment by cheque had been refused and that three rent cheques had previously been dishonoured; it did not show any practice, agreement or other basis requiring the landlords to accept a cheque. The Tribunal did not deny natural justice by proceeding when the plaintiff had notice of the hearing and failed to attend or send a representative. Even if there were a serious question for interlocutory purposes, the balance of...

Court Disposition

Proceedings dismissed; existing interlocutory injunction extended only until and including 19 March 1999 on undertakings; plaintiff ordered to pay defendants' costs.

Orders

  • ['Upon the plaintiff continuing the existing undertaking as to damages, and undertaking to vacate the premises with his property within seven days, I extend the existing injunction until and including 19th March 1999.' 'Otherwise I dismiss the proceedings.' "I order the plaintiff to pay the defendants' costs of the...