NSW Caselaw
New South Wales Supreme Court
CITATION : Hudson v Shevket & Ors [2003] NSWSC 648 HEARING DATE(S) : 2 July 2003 JUDGMENT DATE : 22 July 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 Exhibit may be returned. Any stay that has been ordered is set aside.
CATCHWORDS : Termination of residential tenancy agreement - advance payment - variation of agreement or fresh agreement so as to create a fixed term tenancy after holding over - effect of advance payment. LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001, s 67. Residential Tenancies Act 1987, Pt 2, s 54, s 55, s 58, s 58 (3). CASES CITED : De Nicholls v Saunders (1870) LR5CP 589. Federal Commissioner of Taxation v Steeves Agnew & Co (Vict) Pty Ltd (1951) 82 CLR 408. Thomas Hudson (Plaintiff) v PARTIES : Yialkin Shevket and Ozel Shevket (First Defendants) Consumer, Trader & Tenancy Tribunal (Second Defendant)
FILE NUMBER(S) : SC 30014 of 2003 N/A (Plaintiff) COUNSEL : Mr D L Warren (First Defendants) N/A (Second Defendant) Aubrey Brown Partners (Plaintiff) SOLICITORS : G Cerin (First Defendants) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)
LOWER COURT Consumer, Trader & Tenancy Tribunal JURISDICTION : LOWER COURT RT 03/01243 FILE NUMBER(S) : LOWER COURT P R Smith, Member JUDICIAL OFFICER :
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