Griffin v Wong [2014] NSWCATCD 35

Griffin v Wong [2014] NSWCATCD 35

The parties signed the agreement headed "Boarding/Lodging House Rules", which established the applicant's legal status as a boarder, and the Tribunal was not satisfied that this status changed when he moved from room 7 to room 9. Because the applicant was a boarder and not a tenant, the applications were transferred to the General List.

Jurisdiction
Australia
Judgment Date
01 April 2014
Procedural Posture
Tenancy Applications Concerning Whether Occupation Was a Residential Tenancy or Boarding House Occupancy / Preliminary Jurisdictional Issue
Outcome
The applicant was found to be a boarder and not a tenant; both applications were transferred to the General List for directions.
Legal Topics
['boarder or Tenant Status' 'tribunal Jurisdiction' 'transfer to General List' 'retaliatory Eviction Notice' 'rent Reduction and Repairs Claims']
['residential Tenancies' 'boarding Houses' 'civil Procedure'] ['boarder or Tenant Status' 'tribunal Jurisdiction' 'transfer to General List' 'retaliatory Eviction Notice' 'rent Reduction and Repairs Claims']

Case Brief

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Procedural Posture

Tenancy Applications Concerning Whether Occupation Was a Residential Tenancy or Boarding House Occupancy / Preliminary Jurisdictional Issue

Legal Issues

  1. 1 ['Whether the applicant was a tenant under the Residential Tenancies Act 2010 or a boarder/lodger.' "Whether the applicant's status changed when he moved from room 7 to room 9." 'Whether applications RT 13/46431 and RT 13/51000 should be transferred to the General List.']

Ratio Decidendi

The parties signed the agreement headed "Boarding/Lodging House Rules", which established the applicant's legal status as a boarder, and the Tribunal was not satisfied that this status changed when he moved from room 7 to room 9. Because the applicant was a boarder and not a tenant, the applications were transferred to the General List.

Court Disposition

The applicant was found to be a boarder and not a tenant; both applications were transferred to the General List for directions.

Orders

  • ['Applications RT 13/46431 and RT 13/51000 are transferred to the General List.' 'Applications RT 13/46431 and RT 13/51000 are to be listed together for directions at the earliest available date for 45 minutes.']