HEEREN v RESIDENTIAL TENANCY TRIBUNAL & ANOR [1999] NSWSC 870

HEEREN v RESIDENTIAL TENANCY TRIBUNAL & ANOR [1999] NSWSC 870

The tribunal did not lack jurisdiction as limitation was procedural and not jurisdictional, and was not raised before the tribunal. There was sufficient evidence before the tribunal to support the finding on causation; the tribunal was entitled to find the loss flowed from the landlord's breach of statutory implied term.

Jurisdiction
Australia
Judgment Date
30 August 1999
Procedural Posture
Appeal / Judgment
Outcome
Summons dismissed. Tribunal decision affirmed. Plaintiff to pay costs.
Legal Topics
['jurisdiction' 'limitation Period' 'causation' 'statutory Implied Terms']
['residential Tenancies' 'civil Procedure'] ['jurisdiction' 'limitation Period' 'causation' 'statutory Implied Terms']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Residential Tenancies Tribunal had jurisdiction to hear an out of time application where limitation was not raised during the hearing' "Whether there was sufficient evidence of causation linking the landlord's breach to the loss suffered by the tenant"]

Ratio Decidendi

The tribunal did not lack jurisdiction as limitation was procedural and not jurisdictional, and was not raised before the tribunal. There was sufficient evidence before the tribunal to support the finding on causation; the tribunal was entitled to find the loss flowed from the landlord's breach of statutory implied term.

Court Disposition

Summons dismissed. Tribunal decision affirmed. Plaintiff to pay costs.

Orders

  • ['Decision of the tribunal is affirmed.' 'Summons is dismissed.' 'Plaintiff to pay costs of the Summons.']