Diab v Consumer Trader and Tenancy Tribunal & Ors [2003] NSWSC 694

Diab v Consumer Trader and Tenancy Tribunal & Ors [2003] NSWSC 694

The Tribunal erred in law in concluding that the landlord and tenant relationship between the plaintiff and defendants had ceased at the time of eviction; the fixed term had not expired, thus the plaintiff was still entitled to statutory rights under s 22 Residential Tenancies Act 1987.

Jurisdiction
Australia
Judgment Date
06 August 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['residential Tenancy' 'sub Tenancy' 'quiet Enjoyment' 'termination of Lease' 'statutory Interpretation']
['administrative Law' 'tenancy Law'] ['residential Tenancy' 'sub Tenancy' 'quiet Enjoyment' 'termination of Lease' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal erred in law regarding the existence of landlord and tenant relationship at the time of eviction' 'Whether the plaintiff was entitled to protection under s 22 Residential Tenancies Act 1987 at time of eviction' 'Effect of termination of head lease on sub-tenancy']

Ratio Decidendi

The Tribunal erred in law in concluding that the landlord and tenant relationship between the plaintiff and defendants had ceased at the time of eviction; the fixed term had not expired, thus the plaintiff was still entitled to statutory rights under s 22 Residential Tenancies Act 1987.

Court Disposition

appeal upheld

Orders

  • ['Leave to make application out of time to the Supreme Court granted' 'Leave to appeal granted' 'Appeal upheld' "Matter remitted to the Tribunal for rehearing in accordance with the Supreme Court's decision" 'No order as to costs']