Mendonca v Tonna [2017] NSWCATCD 47

Mendonca v Tonna [2017] NSWCATCD 47

The Tribunal finds that the characterisation of payments by the respondent to the applicant is an issue in both the Tribunal and the Supreme Court proceedings; clause 5(7) of Schedule 4 of the Civil and Administrative Tribunal Act 2013 operates such that the Tribunal ceases to have jurisdiction to determine the...

Source-derived case information.

Parties
Applicant: Renuka Maria Mendonca; Respondent: Mark Julian Tonna
Jurisdiction
Australia
Judgment Date
22 June 2017
Procedural Posture
Application for Termination of Residential Tenancy and Payment of Outstanding Rent / Interlocutory Determination: Whether Tribunal Has Jurisdiction Due to Concurrent Supreme Court Proceedings
Outcome
Proceedings stayed pending further Tribunal order or outcome of the Supreme Court proceedings; directions made for submissions on transfer
Legal Topics
Concurrent Jurisdiction, Issue Estoppel, Transfer of Proceedings, Trusts, Possession, Jurisdictional Limits
Property Law Equity Residential Tenancies Tribunal Jurisdiction Concurrent Jurisdiction Issue Estoppel Transfer of Proceedings Trusts +2 more

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Parties

Renuka Maria Mendonca

Applicant

Mark Julian Tonna

Respondent

Procedural Posture

Application for Termination of Residential Tenancy and Payment of Outstanding Rent / Interlocutory Determination: Whether Tribunal Has Jurisdiction Due to Concurrent Supreme Court Proceedings

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear and determine the application due to Clause 5(7) of Schedule 4 of the Civil and Administrative Tribunal Act 2013 preventing determination where a concurrent Supreme Court proceeding covers the same issue
  2. 2 Whether characterisation of payments as rent or mortgage repayments is an issue in both proceedings
  3. 3 Whether the Tribunal should transfer the matter to the Supreme Court

Ratio Decidendi

The Tribunal finds that the characterisation of payments by the respondent to the applicant is an issue in both the Tribunal and the Supreme Court proceedings; clause 5(7) of Schedule 4 of the Civil and Administrative Tribunal Act 2013 operates such that the Tribunal ceases to have jurisdiction to determine the issue. The Tribunal stays the proceedings pending further order or finalisation of the Supreme Court matter and invites submissions regarding transfer.

Court Disposition

Proceedings stayed pending further Tribunal order or outcome of the Supreme Court proceedings; directions made for submissions on transfer

Orders

  • The proceedings are stayed until further orders of the Tribunal.
  • The respondent is to provide any documents and submissions in relation to transfer of the matter to the Supreme Court by 10 July 2017.