Herring v NSW Land & Housing Corp & Anor [2001] NSWSC 129

New South Wales Supreme Court

CITATION : Herring v NSW Land & Housing Corp & Anor [2001] NSWSC 129 CURRENT JURISDICTION: Administrative Law FILE NUMBER(S) : SC 30082/2000 HEARING DATE(S) : 7 March 2000 JUDGMENT DATE : 14 March 2001

Cicero Herring (Plaintiff)

PARTIES : NSW Land and Housing Corporation (First Defendant)

Residential Tenancies Tribunal (Second Defendant) JUDGMENT OF : Master Harrison

COUNSEL : Mr A Jungwirth (First Defendant) Mr C Herring (Plaintiff in Person) SOLICITORS : Michael Callen Department of Housing (First Defendant) CATCHWORDS : Appeal decision of Residential Tenancies Tribunal Residential Tenancies Act 1987 LEGISLATION CITED : Supreme Court Act 1970 Residential Tribunal Act 1998 Judicial Review of Administract Act, 2nd ed CASES CITED : Kioa v West (1985) 159 CLR 550 DECISION : (1) The amended summons filed 5 February 2001 is dismissed; (2) The plaintiff is to pay the defendants' costs.

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THE SUPREME COURT OF NEW SOUTH WALES ADMINISTRATIVE LAW DIVISION

MASTER HARRISON

WEDNESDAY, 14 MARCH 2001

30082/2000 - CICERO HERRING v NSW LAND AND HOUSING CORPORATION & ANOR

JUDGMENT (Appeal decision of Residential Tenancies Tribunal) 1 MASTER: By amended summons filed 5 February 2001 the plaintiff seeks firstly, to appeal the decision of the Residential Tenancies Tribunal (RTT) dated 20 November 2000 pursuant to ss 107(1) and 109(1) of the Residential Tenancies Act 1987; and secondly, an order pursuant to s 69(1)(a) to (f) of the Supreme Court Act. The plaintiff relied on his affidavit sworn 22 December 2000. The first defendant relied on the affidavit of Michael Callen sworn 23 January 2001. The second defendant, the Residential Tribunal has filed a submitting appearance. 2 Sections 107 and 109 of the Residential Tenancies Act 1987 have been repealed. Section 69 of the Supreme Court Act 1970 states: