Diab v Consumer Trader and Tenancy Tribunal & Ors [2003] NSWSC 694

New South Wales Supreme Court

CITATION : Diab v Consumer Trader and Tenancy Tribunal & Ors [2003] NSWSC 694 HEARING DATE(S) : 3 July 2003 JUDGMENT DATE : 6 August 2003

JUDGMENT OF : Cripps AJ DECISION : (1) Leave to make application out of time to the Supreme Court granted; (2) Leave to appeal granted; (3) Appeal upheld; (4) The matter to be remitted to the Tribunal to determine the matter by way of rehearing and in accordance with the decision of the Court; (5) There will be no order as to costs.

CATCHWORDS : s 22 Residential Tenancies Act 1987 - head lease for fixed term - sub-lease a periodic tenancy - eviction by police. LEGISLATION CITED : Residential Tenancies Act 1987, s 22 Samir Tarjali Diab - Plaintiff PARTIES : Consumer Trader and Tenancy Tribunal - First Defendant Dannielle Kelleher - Second Defendant Jason Kelleher - Third Defendant FILE NUMBER(S) : SC 30023/03 COUNSEL : Plaintiff in person Second and Third Defendants in person SOLICITORS :

LOWER COURT Consumer Trader and Tenancy Tribunal JURISDICTION : LOWER COURT RT01/37186 FILE NUMBER(S) : LOWER COURT Tribunal Memmber G G O'Keefe JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST 30023/03

CRIPPS AJ

Wednesday, 6 August 2003

SAMIR TARJALI DIAB v CONSUMER TRADER AND TENANCIES TRIBUNAL & DANNIELLE KELLEHER & JASON KELLEHER

JUDGMENT 1 CRIPPS AJ: The plaintiff, Mr Diab, has made application to the court for an extension of time within which he should be permitted to seek the leave of the court to appeal a decision of the Consumer Trader and Tenancies Tribunal member, Mr G O'Keefe. 2 On 22 August 2002 Mr O'Keefe dismissed an application by the plaintiff for monetary compensation for alleged breaches of the tenancy agreement between himself and the defendants. Although not stated in the Tribunal's reasons I have assumed it was exercising its jurisdiction pursuant to s 16(2)(d) of the Residential Tenancies Act 1987 ("the Tenancy Act"). 3 The plaintiff and both defendants appeared in person. There is no appearance on behalf of the Tribunal.