NSW Caselaw
New South Wales Supreme Court
CITATION : Crook v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 974 HEARING DATE(S) : 16 October 2003 JUDGMENT DATE : 29 October 2003
JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The Summons is dismissed. The plaintiff is to pay the costs of the Summons. The Exhibits may be returned. Any existing stay is set aside.
CATCHWORDS : Termination of tenancy without notice - meaning of "injury" - application of Briginshaw test - threshold requirement and exercise of discretion to make an order. LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001, s 67. Residential Tenancies Act 1987, Pt 5 ss 53 to 79B, Pt 5 Div 3 ss 64 to 70, s 57, s 64, s 68, s 68 (1), ss 68 to 70. CASES CITED : Briginshaw v Briginshaw (1938) 60 CLR 336. David Joseph Crook (Plaintiff) PARTIES : v Consumer, Trader & Tenancy Tribunal of New South Wales (First Defendant) New South Wales Department of Housing (Second Defendant) FILE NUMBER(S) : SC 30003 of 2003 Mr N Poynder (Plaintiff) COUNSEL : N/A (First Defendant) Mr A Jungwirth (Second Defendant) Peter Baker (Plaintiff) SOLICITORS : I V Knight - Crown Solicitor - Submitting Appearance (First Defendant) Michael Callen Solicitor NSW Land & Housing Corporation (Second Defendant)
LOWER COURT Consumer, Trader & Tenancy Tribunal JURISDICTION : LOWER COURT RT 02/62455 FILE NUMBER(S) : LOWER COURT A Borsody, Member JUDICIAL OFFICER :
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