Farmer v Residential Tenancies Tribunal & 2 Ors [2000] NSWSC 199

The Tribunal Member was entitled to take into account prior incidents to determine whether the tenant was likely to intentionally or recklessly cause injury under s 68, applied correct legal tests, and no error of legal principle was found; appeal is dismissed.

Jurisdiction: Australia
Judgment Date: 27 March 2000
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed. Tribunal decision affirmed.
Legal Topics: ['residential Tenancies' 'termination of Tenancy' 'tribunal Appeals' 'likelihood of Injury' 'order for Possession']

['administrative Law'] ['residential Tenancies' 'termination of Tenancy' 'tribunal Appeals' 'likelihood of Injury' 'order for Possession']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the Tribunal Member erred in law in determining likelihood of injury under s 68 of the Residential Tenancies Act 1987' 'Whether incidents of 7 and 12 November 1998 were relevant to likelihood of injury' 'Whether evidentiary and factual errors amounted to errors of law']

Ratio Decidendi

Court Disposition

Appeal dismissed. Tribunal decision affirmed.

Orders

['The decision of the Tribunal Member dated 16 November 1999 is affirmed.' 'The appeal is dismissed.' 'The stay of execution on the order for termination of delivery of possession made by the Tribunal on 16 November 1999 is vacated.' "The plaintiff is to pay the defendants' costs."]