Bassett v NSW Land & Housing Corporation & Anor [2000] NSWSC 1078

Bassett v NSW Land & Housing Corporation & Anor [2000] NSWSC 1078

The present Residential Tenancy Agreement came into existence after the commencement of the Regulation (following the exercise of the option in 1999) and was therefore exempted from the Act by clause 21; accordingly, the Tribunal had no jurisdiction and any accrued rights or errors in reasoning in the lower Tribunal did not alter that result.

Parties
Plaintiff: John Bassett; First Defendant: NSW Land & Housing Corporation; Second Defendant: Residential Tribunal
Jurisdiction
Australia
Judgment Date
22 November 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed by consent
Legal Topics
Exemption of Residential Tenancy Agreements, Jurisdiction of Residential Tribunal, Retrospectivity of Regulations
Administrative Law Tenancy Law Exemption of Residential Tenancy Agreements Jurisdiction of Residential Tribunal Retrospectivity of Regulations

Case Brief

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Parties

John Bassett

Plaintiff

NSW Land & Housing Corporation

First Defendant

Residential Tribunal

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Residential Tenancy Agreement was exempt from the operation of the Residential Tenancies Act 1987 by virtue of clause 21 of the 1995 Regulation
  2. 2 Whether the Tribunal erred in finding it had no jurisdiction
  3. 3 Whether the Regulation operates retrospectively so as to affect accrued rights

Ratio Decidendi

The present Residential Tenancy Agreement came into existence after the commencement of the Regulation (following the exercise of the option in 1999) and was therefore exempted from the Act by clause 21; accordingly, the Tribunal had no jurisdiction and any accrued rights or errors in reasoning in the lower Tribunal did not alter that result.

Court Disposition

Appeal dismissed by consent

Orders

  • The Further Amended Summons filed 22 November 2000 be dismissed.
  • No order as to costs.