Singh v Lekhwar [2022] NSWCATAP 158

Singh v Lekhwar [2022] NSWCATAP 158

Mr Singh was an undischarged bankrupt from 6 May 2021, before the 9 November 2021 consent orders. His interest in the tenancy vested in his trustee in bankruptcy, so his purported consent to the termination and possession orders was ineffective. Ms Kaur was not shown to be bankrupt and had standing to protect her own tenancy interests. The Tribunal's orders were affected by inadvertent error arising from Mr Singh's undisclosed bankruptcy, so the appeal was allowed, the relevant orders were set aside, and the possession and termination issues were remitted for re-determination with Mr Singh's trustee in bankruptcy joined.

Jurisdiction
Australia
Judgment Date
16 May 2022
Procedural Posture
Appeal From Consumer and Commercial Division Residential Tenancy Proceedings / Appeal Panel Decision
Outcome
Appeal allowed; orders 1 to 7 made by the Tribunal on 9 November 2021 set aside; proceedings remitted for re-determination in relation to possession and termination issues; trustee in bankruptcy to be joined.
Legal Topics
['termination of Residential Tenancy Agreement' 'possession Orders' 'consent Orders' 'standing of Bankrupt Tenant' 'vesting of Tenancy Interest in Trustee in Bankruptcy' 'amendment of Tribunal Application' 'concurrent Supreme Court Proceedings']
['residential Tenancies' 'bankruptcy' 'civil Procedure' 'administrative Law'] ['termination of Residential Tenancy Agreement' 'possession Orders' 'consent Orders' 'standing of Bankrupt Tenant' 'vesting of Tenancy Interest in Trustee in Bankruptcy' 'amendment of Tribunal Application' 'concurrent Supreme Court Proceedings']

Case Brief

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Procedural Posture

Appeal From Consumer and Commercial Division Residential Tenancy Proceedings / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether orders recorded as made by consent should be set aside where Mr Singh was an undischarged bankrupt when he purported to consent to termination and possession orders.' "Whether Mr Singh's bankruptcy affected his standing to defend termination and possession proceedings or bring an appeal in relation to those matters." 'Whether concurrent Supreme Court proceedings prevented the Appeal Panel from determining the appeal.' "Whether the Tribunal had power to allow amendment of the landlords' application from reliance on s 87 to s 84 of the Residential Tenancies Act 2010 (NSW)."]

Ratio Decidendi

Mr Singh was an undischarged bankrupt from 6 May 2021, before the 9 November 2021 consent orders. His interest in the tenancy vested in his trustee in bankruptcy, so his purported consent to the termination and possession orders was ineffective. Ms Kaur was not shown to be bankrupt and had standing to protect her own tenancy interests. The Tribunal's orders were affected by inadvertent error arising from Mr Singh's undisclosed bankruptcy, so the appeal was allowed, the relevant orders were set aside, and the possession and termination issues were remitted for re-determination with Mr Singh's trustee in bankruptcy joined.

Court Disposition

Appeal allowed; orders 1 to 7 made by the Tribunal on 9 November 2021 set aside; proceedings remitted for re-determination in relation to possession and termination issues; trustee in bankruptcy to be joined.

Orders

  • ['The names of the respondents to the appeal are corrected in the appeal and in each of the proceedings at first instance to "Vinita Lekhwar and Keshavanand Lekhwar."' "A further hearing of the appellants' application to re-open the hearing of the appeal and any further hearing of the appeal itself be dispensed...