Minotti v Bird [2012] NSWDC 241

Minotti v Bird [2012] NSWDC 241

The termination notice was validly 'given' under s 223(1)(iii) of the Residential Tenancies Act 2010 (NSW) on 27 March 2012 when the tenants were in arrears; the Tribunal was empowered to make termination and possession orders under ss 87 and 89 even if the tenants had subsequently paid their arrears, due to frequent prior defaults.

Jurisdiction
Australia
Judgment Date
07 June 2012
Procedural Posture
Civil Appeal / Decision on Appeal
Outcome
appeal dismissed
Legal Topics
['termination of Tenancy' 'rent Arrears' 'possession Orders' 'service of Notice' 'procedural Fairness']
['landlord and Tenant' 'civil Procedure'] ['termination of Tenancy' 'rent Arrears' 'possession Orders' 'service of Notice' 'procedural Fairness']

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Procedural Posture

Civil Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the termination notice was validly served under the Residential Tenancies Act 2010 (NSW)' 'Whether the termination and possession orders made by the Tribunal were legally justified' 'Whether the tenants had notice and opportunity to respond to grounds of undue hardship']

Ratio Decidendi

The termination notice was validly 'given' under s 223(1)(iii) of the Residential Tenancies Act 2010 (NSW) on 27 March 2012 when the tenants were in arrears; the Tribunal was empowered to make termination and possession orders under ss 87 and 89 even if the tenants had subsequently paid their arrears, due to frequent prior defaults.

Court Disposition

appeal dismissed

Orders

  • ['Termination and possession orders made by the Tribunal confirmed.']