Farmer v Residential Tenancies Tribunal & 2 Ors [2000] NSWSC 199

New South Wales Supreme Court

CITATION : Farmer v Residential Tenancies Tribunal & 2 Ors [2000] NSWSC 199 CURRENT JURISDICTION: Administrative Law FILE NUMBER(S) : SC 30061/99 HEARING DATE(S) : 17 March 2000 JUDGMENT DATE : 27 March 2000

Sarah Farmer (Plaintiff)

Residential Tenancies Tribunal of New South Wales (First Defendant) PARTIES : John Chovanak (Second Defendant)

Julia Chovanak (Third Defendant) JUDGMENT OF : Master Harrison

LOWER COURT Residential Tenancies Tribunal JURISDICTION : LOWER COURT 99/05841 FILE NUMBER(S) : LOWER COURT Mr A Carpentieri JUDICIAL OFFICER :

COUNSEL : N/A Ms Sararh Farmer (Plaintiff in person) SOLICITORS : Ms Z Weremezuk of Makinson & d'Apice LEGISLATION CITED : Residential Tribunal Act 1998 (NSW) Residential Tenancies Act 1987 DECISION : See para 20

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THE SUPREME COURT OF NEW SOUTH WALES ADMINISTRATIVE LAW DIVISION

MASTER HARRISON

MONDAY, 27 MARCH 2000

30061/99 - SARAH FARMER v RESIDENTIAL TENANCIES TRIBUNAL OF NEW SOUTH WALES & 2 ORS

JUDGMENT (Appeal decision of Residential Tenancies Tribunal)

1 MASTER: By amended summons filed 29 November 1999 the plaintiff seeks to appeal the decision dated 20 August 1999 of the Residential Tenancies Tribunal (RTT) pursuant to s 62 of the Residential Tribunal Act 1998 (NSW). The plaintiff relied on her affidavit sworn 26 August 1999. The first defendant has filed a submitting appearance. The second and third defendant relied on the affidavit of Julia Chovanak sworn 22 February 2000. Ms Farmer represented herself. She was articulate. 2 On 8 February 2000 Dunford J made orders for a stay of execution conditional upon the plaintiff paying an occupation fee. These orders were continued until today. 3 The grounds of appeal are as follows.