Wells v Mottram [2017] NSWCATAP 42

Wells v Mottram [2017] NSWCATAP 42

The Tribunal at first instance erred in law by making a termination order under s 84 when the application was only made under s 87 and no amendment or notice was provided to the tenant, resulting in denial of procedural fairness and natural justice to the tenant. This warranted setting aside the orders and substituting new orders as consented to by the parties.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Appeal / Determination/final Orders
Outcome
Appeal allowed; decision of Tribunal below set aside and substituted orders made
Legal Topics
['termination of Tenancy Agreement' 'procedural Fairness' 'natural Justice' 'application Amendment' 'breach of Tenancy Agreement']
['residential Tenancy' 'administrative Law'] ['termination of Tenancy Agreement' 'procedural Fairness' 'natural Justice' 'application Amendment' 'breach of Tenancy Agreement']

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Procedural Posture

Appeal / Determination/final Orders

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by making a termination order under s 84 of the Residential Tenancies Act 2010 (NSW) when the application was expressly made under s 87 and no amendment was requested or made.' 'Whether the applicant (tenant) suffered procedural unfairness or breach of natural justice in how the Tribunal conducted the matter.']

Ratio Decidendi

The Tribunal at first instance erred in law by making a termination order under s 84 when the application was only made under s 87 and no amendment or notice was provided to the tenant, resulting in denial of procedural fairness and natural justice to the tenant. This warranted setting aside the orders and substituting new orders as consented to by the parties.

Court Disposition

Appeal allowed; decision of Tribunal below set aside and substituted orders made

Orders

  • ['The Amended Notice of Appeal lodged on 9 January 2017 stands as the Notice of Appeal.' 'The appeal is allowed.' 'Orders 1, 2, 3, 4 and 5 made on 16 November 2016 are set aside.' 'In lieu of the orders made on 16 November 2016, the tenant, Mr Scott Wells, is required to comply with Clauses 15.2 and 15.3 of the...