Hagh v Kong [2014] NSWCATAP 47

Hagh v Kong [2014] NSWCATAP 47

The tenant breached the residential tenancy agreement by keeping a dog without the landlord’s consent and in contravention of the applicable strata by-laws. The breach was sufficient to justify termination, and the Tribunal’s orders were made in accordance with statutory requirements, despite the absence of adequate reasons at first instance. Leave to appeal was granted due to lack of reasons, but the appeal was dismissed on its merits.

Jurisdiction
Australia
Judgment Date
11 September 2014
Procedural Posture
Appeal / Final Decision
Outcome
Appeal dismissed; leave to appeal granted; original Tribunal orders set aside; residential tenancy terminated; possession given to landlord; occupation fee ordered; stays vacated.
Legal Topics
['adequacy of Reasons' 'termination of Residential Tenancy' 'strata by Laws' 'keeping of Animals' 'appeal Rights']
['administrative Law' 'residential Tenancies Law' 'strata Law'] ['adequacy of Reasons' 'termination of Residential Tenancy' 'strata by Laws' 'keeping of Animals' 'appeal Rights']

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Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 ['Whether sufficient reasons were given by the Tribunal at first instance' 'Whether breach of residential tenancy agreement justified termination' 'Adequacy of medical certificate for adjournment']

Ratio Decidendi

The tenant breached the residential tenancy agreement by keeping a dog without the landlord’s consent and in contravention of the applicable strata by-laws. The breach was sufficient to justify termination, and the Tribunal’s orders were made in accordance with statutory requirements, despite the absence of adequate reasons at first instance. Leave to appeal was granted due to lack of reasons, but the appeal was dismissed on its merits.

Court Disposition

Appeal dismissed; leave to appeal granted; original Tribunal orders set aside; residential tenancy terminated; possession given to landlord; occupation fee ordered; stays vacated.

Orders

  • ['Leave is granted to appeal from the decision of Member Holles of 14 May 2014.' 'The appeal is dismissed.' 'The Orders made by the Tribunal on 14 May 2014 are set aside.' 'The Residential Tenancy Agreement is terminated and possession is given to the landlord on 10 September 2014.' 'The tenant shall pay the...