Steven Li & Anor v Gregory Cassis & 2 Ors [1999] NSWSC 483

Steven Li & Anor v Gregory Cassis & 2 Ors [1999] NSWSC 483

The Tribunal was entitled to exercise its discretionary power under s 66 of the Residential Tenancies Act 1987 (NSW) to waive the defect in the notice of termination and accept service by facsimile, as no error of law arose from doing so. The plaintiffs failed to demonstrate any legal error by the Tribunal.

Parties
Plaintiff: Steven Li; Plaintiff: Lucy Li; First Defendant: Gregory Cassis; First Defendant: Deborah Banwell; Second Defendant: Residential Tenancies Tribunal
Jurisdiction
Australia
Judgment Date
25 May 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed. Tribunal decision affirmed.
Legal Topics
Residential Tenancy, Notice of Termination, Service of Documents, Costs Orders, Appeal From Tribunal
Property Law Residential Tenancy Notice of Termination Service of Documents Costs Orders Appeal From Tribunal

Case Brief

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Parties

Steven Li

Plaintiff

Lucy Li

Plaintiff

Gregory Cassis

First Defendant

Deborah Banwell

First Defendant

Residential Tenancies Tribunal

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Residential Tenancies Tribunal erred in law in declaring the termination notice valid despite defects in signing and service by facsimile
  2. 2 Whether a costs order can be made against a non-party

Ratio Decidendi

The Tribunal was entitled to exercise its discretionary power under s 66 of the Residential Tenancies Act 1987 (NSW) to waive the defect in the notice of termination and accept service by facsimile, as no error of law arose from doing so. The plaintiffs failed to demonstrate any legal error by the Tribunal.

Court Disposition

Appeal dismissed. Tribunal decision affirmed.

Orders

  • The decision of the Residential Tenancies Tribunal of 23 November 1998 is affirmed.
  • The summons is dismissed.