Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dibeek Holdings Pty Ltd v Notaras [2000] FCA 1212 APPEALS – appeal on question of law under s 58(1) of the Tenancy Tribunal Act 1994 (ACT) –whether "perversity" in fact-finding constitutes error of law – whether finding perverse. Corporations Law, s 553C.
Tenancy Tribunal Act 1994 (ACT), s 58. Land Titles Act 1925 (ACT), ss 58, 59. Dibeek Holdings Pty Ltd v Notaras [2000] ACTSC 1, cited. De Nicholls v Saunders (1870) LR 5 CP 589, cited. Minister for Immigration & Multicultural Affairs v Epeabaka (1999) 84 FCR 411, cited. Bruce v Cole (1998) 45 NSWLR 163, cited. Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139, cited. Hill v Green (1999) 48 NSWLR 161, cited. Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611, cited. Minister for Immigration & Ethnic Affairs v Teo (1995) 57 FCR 194, cited. Australian Broadcasting Tribunal v Bond (1990) 170 CLR 231, cited. Gye v McIntyre (1991) 171 CLR 609, cited. In re Daintrey; ex parte Mant [1900] 1 QB 546, cited. DIBEEK HOLDINGS PTY LTD v EMMANUEL NOTARAS & ORS A 12 of 2000 MILES, SACKVILLE & KATZ JJ 30 AUGUST 2000 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 12 OF 2000
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: DIBEEK HOLDINGS PTY LIMITED
APPELLANT
AND: EMMANUEL NOTARAS
FIRST RESPONDENT
HELEN NOTARAS
SECOND RESPONDENT
STAMATINA KAROUZOS
THIRD RESPONDENT
JUDGES: MILES, SACKVILLE & KATZ JJ
DATE OF ORDER: 30 AUGUST 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made by the trial Judge on 2 February 2000 be set aside. 3. In lieu of the orders made by the trial Judge, order that the cross-appeal from the decisions of the Tenancy Tribunal of the Australian Capital Territory made on 14 July 2000 and 1 October 1998 be dismissed with costs. 4. The cross-appeal be dismissed. 5. The respondents pay the costs of the appellant of the appeal and of the cross-appeal.
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