SOARE & ANOR v RESIDENTIAL TENANCIES TRIBUNAL/RESIDENTIAL TRIBUNAL & ORS [1999] NSWSC 1003

SOARE & ANOR v RESIDENTIAL TENANCIES TRIBUNAL/RESIDENTIAL TRIBUNAL & ORS [1999] NSWSC 1003

The plaintiffs' complaints did not identify any error of law within the limited scope of an appeal under s 107 of the Residential Tenancies Act 1987. The hardship and s 65 (2) (b) matters had been considered, some matters were an abuse of process because they had been dealt with before Dunford J, the allegations of denial of natural justice or bias were doomed to failure, and factual disagreement with the Tribunal's decision was not appealable. This was a clear case for summary dismissal.

Jurisdiction
Australia
Judgment Date
01 October 1999
Procedural Posture
Administrative Law Appeal From Residential Tribunal Decision / Summary Dismissal Application
Outcome
Proceedings dismissed on the summary dismissal application. The text also records later Court of Appeal consent orders granting leave to appeal and allowing the appeal save as to costs.
Legal Topics
['appeal on Question of Law' 'summary Dismissal' 'natural Justice' 'bias' 'wednesbury Unreasonableness' 'termination and Possession' 'non Payment of Rent' 'hardship']
['administrative Law' 'residential Tenancies' 'civil Procedure'] ['appeal on Question of Law' 'summary Dismissal' 'natural Justice' 'bias' 'wednesbury Unreasonableness' 'termination and Possession' 'non Payment of Rent' 'hardship']

Case Brief

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Procedural Posture

Administrative Law Appeal From Residential Tribunal Decision / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the Tribunal decided a question with respect to a matter of law so as to permit an appeal under s 107 of the Residential Tenancies Act 1987.' 'Whether the Tribunal failed to consider hardship or s 65 (2) (b) of the Residential Tenancies Act 1987.' "Whether allegations of denial of natural justice, actual bias or apprehended bias provided a legal basis to disturb the Tribunal's orders." 'Whether complaints that the decision was not open on the facts disclosed an error of law.' 'Whether the proceedings should be summarily dismissed.']

Ratio Decidendi

The plaintiffs' complaints did not identify any error of law within the limited scope of an appeal under s 107 of the Residential Tenancies Act 1987. The hardship and s 65 (2) (b) matters had been considered, some matters were an abuse of process because they had been dealt with before Dunford J, the allegations of denial of natural justice or bias were doomed to failure, and factual disagreement with the Tribunal's decision was not appealable. This was a clear case for summary dismissal.

Court Disposition

Proceedings dismissed on the summary dismissal application. The text also records later Court of Appeal consent orders granting leave to appeal and allowing the appeal save as to costs.

Orders

  • ['The proceedings be dismissed.' 'The plaintiffs are to pay the costs of the proceedings.' 'The exhibit may be returned.' 'By consent, the appellant be granted leave to appeal.' 'By consent, the appeal be allowed save as to costs.' 'By consent, the orders of Dunford J in the Court below be set aside.' 'By consent,...