Rowlands v Consumer, Trader & Tenancy Tribunal (No 2) [2003] NSWSC 731

The Tribunal's refusal to grant a rehearing is set aside on the plaintiff's undertaking to file an affidavit, and an undertaking is provided by the landlord not to evict pending completion of rehearing.

Parties: Plaintiff: Rachel Rowlands; 1st Defendant: Consumer, Trader and Tenancy Tribunal; 2nd Defendant: Daniel Nott
Jurisdiction: Australia
Judgment Date: 08 August 2003
Procedural Posture: Administrative Law Prerogative Writ / Interlocutory; Ex Tempore Judgment Setting Aside Tribunal Decision
Outcome: Order made setting aside Tribunal's determination denying a rehearing
Legal Topics: Prerogative Writs, Rehearing Application, Injunctions, Termination of Tenancy

Administrative Law Tenancy Prerogative Writs Rehearing Application Injunctions Termination of Tenancy

Case Brief

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Parties

Rachel Rowlands

Plaintiff

Consumer, Trader and Tenancy Tribunal

1st Defendant

Daniel Nott

2nd Defendant

Procedural Posture

Administrative Law Prerogative Writ / Interlocutory; Ex Tempore Judgment Setting Aside Tribunal Decision

Legal Issues

1 Whether the Tribunal's refusal to grant a rehearing of the order for termination of tenancy made in absence of plaintiff should be set aside
2 Whether an injunction should be ordered to prevent eviction pending rehearing

Ratio Decidendi

Court Disposition

Order made setting aside Tribunal's determination denying a rehearing

Orders

First defendant’s decision dated 5 August 2003 not to grant a rehearing is set aside
Second defendant undertakes not to evict the plaintiff until the rehearing’s completion