Street v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 1109

Street v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 1109

The proposed appeal lacked merit. The notice of termination contained enough material to identify the nature of the case the plaintiff had to meet, so it was reasonably open to the Tribunal to be satisfied that the notice was given in accordance with Part 5. The plaintiff had not raised invalidity of the notice before the Tribunal and should not be allowed to raise that new argument on appeal. The purported alternative accommodation order was not intended as an operative order but was a recommendation or expression of view appended to the termination decision, and the Tribunal had considered the circumstances of the case under s 64(2)(c). Because the appeal would not succeed, granting an...

Jurisdiction
Australia
Judgment Date
28 November 2003
Procedural Posture
Appeal Under S 67 of the Consumer, Trader and Tenancy Tribunal Act 2001 From a Consumer, Trader and Tenancy Tribunal Decision Terminating a Residential Tenancy Agreement and Granting Possession / Amended Summons; Appeal Brought Out of Time Requiring an Extension of Time
Outcome
The Summons is dismissed.
Legal Topics
['jurisdiction of Tribunal' 'notice of Termination' 'particulars of Ground for Termination' 'termination for Breach of Residential Tenancy Agreement' 'alternative Accommodation' 'extension of Time']
['administrative Law' 'residential Tenancies'] ['jurisdiction of Tribunal' 'notice of Termination' 'particulars of Ground for Termination' 'termination for Breach of Residential Tenancy Agreement' 'alternative Accommodation' 'extension of Time']

Case Brief

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Procedural Posture

Appeal Under S 67 of the Consumer, Trader and Tenancy Tribunal Act 2001 From a Consumer, Trader and Tenancy Tribunal Decision Terminating a Residential Tenancy Agreement and Granting Possession / Amended Summons; Appeal Brought Out of Time Requiring an Extension of Time

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that the notice of termination under s 57 of the Residential Tenancies Act 1987 was valid despite alleged insufficient particulars under s 63(1)(e).' "Whether the Tribunal erred by purporting to order the second defendant to arrange alternative accommodation, rather than considering the tenant's circumstances when deciding whether it was appropriate to terminate under s 64(2)(c)." 'Whether an extension of time should be granted for an appeal that was otherwise out of time.']

Ratio Decidendi

The proposed appeal lacked merit. The notice of termination contained enough material to identify the nature of the case the plaintiff had to meet, so it was reasonably open to the Tribunal to be satisfied that the notice was given in accordance with Part 5. The plaintiff had not raised invalidity of the notice before the Tribunal and should not be allowed to raise that new argument on appeal. The purported alternative accommodation order was not intended as an operative order but was a recommendation or expression of view appended to the termination decision, and the Tribunal had considered the circumstances of the case under s 64(2)(c). Because the appeal would not succeed, granting an...

Court Disposition

The Summons is dismissed.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the proceedings.' 'The Exhibits may be returned.']