Galego v Residential Tribunal & Anor [2000] NSWSC 472

A termination notice is not invalid merely because it was signed by a person who satisfied the requirements of a 'landlord's agent' under the Residential Tenancies Act 1987 but was not a licensed real estate agent; the legislation does not require such person to hold a licence under the 1941 Act.

Jurisdiction: Australia
Judgment Date: 01 June 2000
Procedural Posture: Appeal / Judgment
Outcome: Order of the Tribunal set aside; matter remitted for rehearing; costs awarded to plaintiff.
Legal Topics: ['residential Tenancy' "landlord's Agent Requirements" 'validity of Termination Notice' 'licensing Requirements']

['administrative Law' 'property Law'] ['residential Tenancy' "landlord's Agent Requirements" 'validity of Termination Notice' 'licensing Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Judgment

Legal Issues

1 ["Whether a termination notice signed by a person who is not a licensed real estate agent but who satisfies the definition of 'landlord's agent' under the Residential Tenancies Act 1987 is valid." 'Whether the Property, Stock And Business Agents Act 1941 applies to invalidate such a notice.']

Ratio Decidendi

Court Disposition

Order of the Tribunal set aside; matter remitted for rehearing; costs awarded to plaintiff.

Orders

['The order made by the Tribunal is set aside.' 'The decision is remitted to the Tribunal for a rehearing.' "The second defendant is to pay the plaintiff's costs of the proceedings."]