Faraday v Residential Tribunal [2002] NSWSC 126

New South Wales Supreme Court

CITATION : Faraday v Residential Tribunal [2002] NSWSC 126 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30005/01 HEARING DATE(S) : 8 February 2002 JUDGMENT DATE : 8 February 2002

Plaintiff - James Peter Faraday PARTIES : First Defendant - Residential Tribunal Second Defendant - NSW Land and Housing Corporation JUDGMENT OF : Dunford J

LOWER COURT Residential Tribunal JURISDICTION : LOWER COURT 00/14223 FILE NUMBER(S) : LOWER COURT Mr Peter Smith JUDICIAL OFFICER :

COUNSEL : Second Defendant - A Enright Plaintiff - self-represented - no appearance SOLICITORS : First Defendant - submitting appearance Second Defendant - Michael Callen, Solicitor CATCHWORDS : PRACTICE & PROCEDURE - Administrative Law List - appeal from Residential Tribunal - non-appearance by plaintiff - lengthy delays LEGISLATION CITED : Residential Tribunal Act 1998, ss 60, 62 DECISION : See para 21

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

DUNFORD J

Friday, 8 FEBRUARY 2002

30005/01 - JAMES PETER FARADAY v RESIDENTIAL TRIBUNAL & ANOR

JUDGMENT 1 HIS HONOUR: This is the final hearing of proceedings in which the plaintiff, James Peter Faraday seeks an order that the decision of the Residential Tribunal of 18 July 2000 be reversed. His Amended Summons filed 25 October 2001 sets out the following grounds for the relief sought, namely:

1. There was an agreement that if the plaintiff was unable to clean the property, that the defendant would assist the plaintiff by organising a quote for the cleaning of the property, (see annexure A of affidavit);