Scicluna v New South Wales Land and Housing Corporation & Anor [2007] NSWSC 385

Scicluna v New South Wales Land and Housing Corporation & Anor [2007] NSWSC 385

The Court found the Tribunal failed to make all necessary findings under s64(2) of the Residential Tenancies Act 1987 (NSW) and set aside the Tribunal's decisions for that reason, remitting the matter for consideration of those matters. The breach finding was not disturbed.

Jurisdiction
Australia
Judgment Date
24 April 2007
Procedural Posture
Appeal / Judgment on Appeal From Tribunal
Outcome
Tribunal's decision set aside in part, matter remitted for limited purpose, costs to follow the event before the Tribunal
Legal Topics
['breach of Residential Tenancy Agreement' 'statutory Construction' 'procedural Fairness' 'appellate Procedure']
['tenancy' 'administrative Law'] ['breach of Residential Tenancy Agreement' 'statutory Construction' 'procedural Fairness' 'appellate Procedure']

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Procedural Posture

Appeal / Judgment on Appeal From Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal failed to make requisite findings mandated by the Residential Tenancies Act 1987 (NSW) s64' "Whether the Tribunal erred in its construction of 'permit' in the context of illegal use of premises" 'Whether the applicant was denied procedural fairness in Tribunal proceedings']

Ratio Decidendi

The Court found the Tribunal failed to make all necessary findings under s64(2) of the Residential Tenancies Act 1987 (NSW) and set aside the Tribunal's decisions for that reason, remitting the matter for consideration of those matters. The breach finding was not disturbed.

Court Disposition

Tribunal's decision set aside in part, matter remitted for limited purpose, costs to follow the event before the Tribunal

Orders

  • ['Set aside the decisions of the Tribunal for the purpose of addressing matters not previously determined under the statute.' 'Remit the proceedings back to the Tribunal for that limited purpose.' 'Costs of the appeal to follow the event before the Tribunal.' 'Exhibits may be returned.']