Scicluna v NSW Land and Housing Corp [2008] NSWSC 607

Scicluna v NSW Land and Housing Corp [2008] NSWSC 607

The Tribunal Member considered all relevant circumstances in accordance with s 64(2)(b)(ii) of the Residential Tenancies Act 1987, and the additional reference to 'special circumstances' did not amount to an error of law; no denial of procedural fairness occurred; and the decision to terminate the tenancy was justified and not unreasonable, harsh or unjust.

Parties
Plaintiff: John Scicluna; First Defendant: New South Wales Land and Housing Corporation; Second Defendant: Consumer, Trader and Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Appeal / Judgment on Appeal From Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Termination of Tenancy, Exercise of Tribunal Discretion, Procedural Fairness, Extension of Time to Appeal
Tenancy Law Termination of Tenancy Exercise of Tribunal Discretion Procedural Fairness Extension of Time to Appeal

Case Brief

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Parties

John Scicluna

Plaintiff

New South Wales Land and Housing Corporation

First Defendant

Consumer, Trader and Tenancy Tribunal

Second Defendant

Procedural Posture

Appeal / Judgment on Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal Member erred in the exercise of discretion under s 64(2)(b)(ii) of the Residential Tenancies Act 1987
  2. 2 Whether the Tribunal failed to take into account all relevant circumstances as required by the Act
  3. 3 Whether procedural fairness was denied to the plaintiff

Ratio Decidendi

The Tribunal Member considered all relevant circumstances in accordance with s 64(2)(b)(ii) of the Residential Tenancies Act 1987, and the additional reference to 'special circumstances' did not amount to an error of law; no denial of procedural fairness occurred; and the decision to terminate the tenancy was justified and not unreasonable, harsh or unjust.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of Tribunal Member Farey dated 21 December 2007 is affirmed.