Shoena Middlebrook v NSW Land & Housing Corporation & Anor [2005] NSWSC 673

Shoena Middlebrook v NSW Land & Housing Corporation & Anor [2005] NSWSC 673

The Tribunal failed to make all findings required under s64 of the Residential Tenancies Act 1987 and incorrectly approached the question of special circumstances and the onus; therefore the Tribunal's orders must be set aside.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2005
Procedural Posture
Appeal / Judgment on Appeal From Tribunal Decision
Outcome
Appeal allowed; Tribunal orders set aside; matter remitted for re-hearing.
Legal Topics
['termination of Residential Tenancy Agreement' 'tribunal Jurisdiction' 'procedural Fairness' 'threshold Requirements']
['administrative Law' 'tenancy Law'] ['termination of Residential Tenancy Agreement' 'tribunal Jurisdiction' 'procedural Fairness' 'threshold Requirements']

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Procedural Posture

Appeal / Judgment on Appeal From Tribunal Decision

Legal Issues

  1. 1 ['Whether the Tribunal failed to make requisite findings as required by s64 of the Residential Tenancies Act 1987' "Whether Tribunal properly addressed 'special circumstances' and the onus in applications for termination of tenancy agreements" "Whether procedural fairness and threshold statutory requirements were observed in Tribunal's orders"]

Ratio Decidendi

The Tribunal failed to make all findings required under s64 of the Residential Tenancies Act 1987 and incorrectly approached the question of special circumstances and the onus; therefore the Tribunal's orders must be set aside.

Court Disposition

Appeal allowed; Tribunal orders set aside; matter remitted for re-hearing.

Orders

  • ['Orders made by Tribunal on 9 February 2005 are set aside.' 'The decision is remitted to the Tribunal.' 'A re-hearing of the proceedings by the Tribunal is ordered.' 'First defendant to pay costs of the summons.' 'Exhibits may be returned.']