Cernaianu v Residential Tenancies Tribunal [1999] NSWSC 295

Cernaianu v Residential Tenancies Tribunal [1999] NSWSC 295

The Supreme Court proceedings were summarily dismissed because the Tribunal's reasons disclosed no error of law or denial of natural justice; the plaintiff's complaints were matters of fact or disagreement with the Tribunal's decision, and an appeal lay only on a matter of law.

Jurisdiction
Australia
Judgment Date
01 April 1999
Procedural Posture
Administrative Law Proceedings Challenging Orders of the Residential Tenancies Tribunal / Application by the Second and Third Defendants for Summary Dismissal; Subsequent Court of Appeal Consent Orders
Outcome
Dunford J dismissed the proceedings and ordered costs against the plaintiff; later, by consent in the Court of Appeal, leave to appeal was granted, the appeal was allowed save as to costs, and Dunford J's orders and the Tribunal orders were set aside.
Legal Topics
['summary Dismissal' 'natural Justice' 'appeal on a Question of Law' 'rent Arrears' 'termination and Possession' 'reduction of Rent for Withdrawal of Services']
['administrative Law' 'residential Tenancies' 'civil Procedure'] ['summary Dismissal' 'natural Justice' 'appeal on a Question of Law' 'rent Arrears' 'termination and Possession' 'reduction of Rent for Withdrawal of Services']

Case Brief

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Procedural Posture

Administrative Law Proceedings Challenging Orders of the Residential Tenancies Tribunal / Application by the Second and Third Defendants for Summary Dismissal; Subsequent Court of Appeal Consent Orders

Legal Issues

  1. 1 ['Whether the Supreme Court proceedings should be summarily dismissed under Supreme Court Rules, Part 13, rule 5(1).' 'Whether the Residential Tenancies Tribunal made an error of law in its orders of 6 January 1999 or 23 February 1999.' 'Whether the Residential Tenancies Tribunal denied the plaintiff natural justice.' "Whether complaints about the Tribunal's treatment of evidence and calculation of rent arrears raised matters of law or only matters of fact."]

Ratio Decidendi

The Supreme Court proceedings were summarily dismissed because the Tribunal's reasons disclosed no error of law or denial of natural justice; the plaintiff's complaints were matters of fact or disagreement with the Tribunal's decision, and an appeal lay only on a matter of law.

Court Disposition

Dunford J dismissed the proceedings and ordered costs against the plaintiff; later, by consent in the Court of Appeal, leave to appeal was granted, the appeal was allowed save as to costs, and Dunford J's orders and the Tribunal orders were set aside.

Orders

  • ['Under SCR Part 13, rule 5 the proceedings be dismissed.' "The plaintiff pay the second and third defendants' costs of the proceedings." 'The appellant be granted leave to appeal.' 'The appeal be allowed save as to costs.' 'The orders of Dunford J in the Court below be set aside.' 'The orders of the Residential...