Cosgrove v Hutchinson; Hutchinson v Cosgrove [2024] NSWSC 748

Supreme Court New South Wales

Medium Neutral Citation: Cosgrove v Hutchinson; Hutchinson v Cosgrove [2024] NSWSC 748 Hearing dates: 17-18 June 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Proceedings no. 2022/00182954 in the Local Court and transferred to this Court dismissed with costs Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) s 119 – Where landlord commences proceedings in the Local Court to obtain recovery of residential premises subject to a residential tenancy agreement and the statement of claim includes a claim for rent – Whether the proceedings can continue with respect to the claim for rent – HELD: They cannot, the proceedings constitute one suit and were unlawfully instituted and the inclusion of the rent claim which might have been able to be brought separately and lawfully does not change this – The lawfulness of the commencement of the proceedings must be tested at the point of commencement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulations 2010 (NSW) Residential Tenancies Regulations 2019 (NSW) Category: Principal judgment Parties: 2022/00182954 Phillip Anthony Cosgrove (First Plaintiff) Pamela Margaret Lawrence (Second Plaintiff) Andrew Peter Cosgrove (Third Plaintiff) Karen Hutchinson (Defendant)

2023/00041000 Karen Hutchinson (Plaintiff) Phillip Anthony Cosgrove (First Defendant) Pamela Margaret Lawrence (Second Defendant) Andrew Peter Cosgrove (Third Defendant) Representation: 2022/00182954