Brennan v Consumer, Trader & Tenancy Tribunal & Anor [2010] NSWSC 1240

Brennan v Consumer, Trader & Tenancy Tribunal & Anor [2010] NSWSC 1240

The plaintiff did not receive the Tribunal's letter notifying her that the matter was fixed for hearing on 19 November 2009 and was therefore denied procedural fairness when the Tribunal proceeded in her absence. Her evidence could have been important to the discretionary and evaluative questions under s 64 of the Residential Tenancies Act 1987. Independently, the Tribunal made findings about serious social consequences, effects on other tenants, prolonged storage of drugs, and the plaintiff's ability to relocate that were not supported by evidence or information before it. Those errors appeared in the Tribunal's reasons and were errors of law on the face of the record and jurisdictional...

Jurisdiction
Australia
Judgment Date
02 November 2010
Procedural Posture
Judicial Review Under S69 of the Supreme Court Act 1970 of a Consumer, Trader and Tenancy Tribunal Decision Terminating a Residential Tenancy / Supreme Court Determination of Amended Summons
Outcome
The plaintiff's application was allowed; the Tribunal decision was quashed, the Tribunal proceedings were returned to the Tribunal to be determined according to law, and the Corporation was ordered to pay the plaintiff's costs.
Legal Topics
['judicial Review' 'procedural Fairness' 'notice of Hearing' 'certiorari' 'error of Law on the Face of the Record' 'jurisdictional Error' 'no Evidence' 'termination of Social Housing Tenancy']
['administrative Law' 'residential Tenancy Law'] ['judicial Review' 'procedural Fairness' 'notice of Hearing' 'certiorari' 'error of Law on the Face of the Record' 'jurisdictional Error' 'no Evidence' 'termination of Social Housing Tenancy']

Case Brief

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Procedural Posture

Judicial Review Under S69 of the Supreme Court Act 1970 of a Consumer, Trader and Tenancy Tribunal Decision Terminating a Residential Tenancy / Supreme Court Determination of Amended Summons

Legal Issues

  1. 1 ['Whether the plaintiff was denied procedural fairness because she did not receive notice of the Tribunal hearing date and the Tribunal proceeded in her absence.' 'Whether the Tribunal made errors of law on the face of the record by making findings under s 64 of the Residential Tenancies Act 1987 for which there was no evidence.' "Whether the Tribunal's decision should be quashed and the proceedings returned to the Tribunal."]

Ratio Decidendi

The plaintiff did not receive the Tribunal's letter notifying her that the matter was fixed for hearing on 19 November 2009 and was therefore denied procedural fairness when the Tribunal proceeded in her absence. Her evidence could have been important to the discretionary and evaluative questions under s 64 of the Residential Tenancies Act 1987. Independently, the Tribunal made findings about serious social consequences, effects on other tenants, prolonged storage of drugs, and the plaintiff's ability to relocate that were not supported by evidence or information before it. Those errors appeared in the Tribunal's reasons and were errors of law on the face of the record and jurisdictional...

Court Disposition

The plaintiff's application was allowed; the Tribunal decision was quashed, the Tribunal proceedings were returned to the Tribunal to be determined according to law, and the Corporation was ordered to pay the plaintiff's costs.

Orders

  • ['The decision by the Tribunal on 19 November 2009 in Tribunal proceedings No SH09/22453 is quashed.' 'Proceedings No SH09/22453 in the Tribunal are returned to the Tribunal to be determined according to law.' "The Corporation is to pay the plaintiff's costs of these Supreme Court proceedings."]