Boscolo v Consumer Trader and Tenancy Tribunal & Ors [2011] NSWSC 1402

Boscolo v Consumer Trader and Tenancy Tribunal & Ors [2011] NSWSC 1402

The summons was dismissed because, on the transcript of the Tribunal hearing, no denial of procedural fairness was identified. The rent was clearly in arrears, the defendants were entitled to possession, and neither counsel nor the plaintiff's mother made submissions identifying any aspect of the Tribunal proceedings that involved a denial of procedural fairness. The adjournment application was refused because the issue did not require the plaintiff's attendance and could be determined from the Tribunal transcript.

Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Application Under S69 of the Supreme Court Act 1970 for Orders in the Nature of Certiorari and Mandamus Concerning a Consumer Trader and Tenancy Tribunal Tenancy Decision / Final Hearing of Amended Summons
Outcome
Summons dismissed
Legal Topics
['judicial Review of Tribunal Decision' 'procedural Fairness' 'certiorari' 'mandamus' 'rent Arrears' 'termination and Possession']
['administrative Law' 'residential Tenancy Law'] ['judicial Review of Tribunal Decision' 'procedural Fairness' 'certiorari' 'mandamus' 'rent Arrears' 'termination and Possession']

Case Brief

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Procedural Posture

Application Under S69 of the Supreme Court Act 1970 for Orders in the Nature of Certiorari and Mandamus Concerning a Consumer Trader and Tenancy Tribunal Tenancy Decision / Final Hearing of Amended Summons

Legal Issues

  1. 1 ["Whether the Consumer Trader and Tenancy Tribunal denied the plaintiff procedural fairness when it heard the landlords' application on 11 January 2011." "Whether the Supreme Court should quash the Tribunal decision and require the Tribunal to hear and determine the plaintiff's claim." "Whether the summons should be adjourned because of the plaintiff's ill-health and asserted difficulty giving instructions."]

Ratio Decidendi

The summons was dismissed because, on the transcript of the Tribunal hearing, no denial of procedural fairness was identified. The rent was clearly in arrears, the defendants were entitled to possession, and neither counsel nor the plaintiff's mother made submissions identifying any aspect of the Tribunal proceedings that involved a denial of procedural fairness. The adjournment application was refused because the issue did not require the plaintiff's attendance and could be determined from the Tribunal transcript.

Court Disposition

Summons dismissed

Orders

  • ['The summons is dismissed.' "The plaintiff is to pay the defendants' costs of these proceedings." 'The orders of the Tribunal of 11 January 2011 are stayed until 4pm on Friday, 2 December 2011.' 'Any further applications for a stay by the plaintiff are to be made to Hoeben J.']