Solomon v de Silva & Anor [2000] NSWSC 811

Solomon v de Silva & Anor [2000] NSWSC 811

The Tribunal's decision to terminate the tenancy and order possession was justified and open to it; no error of law was demonstrated by the plaintiff, who bore the onus of establishing such error. The relief sought in the Summons was misconceived.

Parties
Plaintiff: Lionel Solomon; First Defendant: Chandra de Silva; Second Defendant: Residential Tribunal
Jurisdiction
Australia
Judgment Date
17 August 2000
Procedural Posture
Appeal From Tribunal Decision / Judgment
Outcome
Summons dismissed. Plaintiff to pay the costs of the Summons.
Legal Topics
Residential Tenancy Agreement, Appeal on Question of Law, Possession of Premises
Administrative Law Landlord and Tenant Residential Tenancy Agreement Appeal on Question of Law Possession of Premises

Case Brief

Summary, issues, holding and outcome

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Parties

Lionel Solomon

Plaintiff

Chandra de Silva

First Defendant

Residential Tribunal

Second Defendant

Procedural Posture

Appeal From Tribunal Decision / Judgment

Legal Issues

  1. 1 Whether the Tribunal made an error of law in terminating the tenancy agreement and ordering possession
  2. 2 Whether the order extending time to vacate the premises was lawfully made

Ratio Decidendi

The Tribunal's decision to terminate the tenancy and order possession was justified and open to it; no error of law was demonstrated by the plaintiff, who bore the onus of establishing such error. The relief sought in the Summons was misconceived.

Court Disposition

Summons dismissed. Plaintiff to pay the costs of the Summons.

Orders

  • The Summons is dismissed.
  • The plaintiff is to pay the costs of the Summons.