Street v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 1109

New South Wales Supreme Court

CITATION : Street v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 1109 HEARING DATE(S) : 26 November 2003 JUDGMENT DATE : 28 November 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 proceedings. The Exhibits may be returned.

CATCHWORDS : Jurisdiction of Tribunal - notice of termination - particulars of ground - what is required - alternative accommodation - no power to make such an order - Tribunal is to consider circumstances of the case and decide if it is appropriate to make an order. Consumer, Trader and Tenancy Tribunal Act 2001, s 67. LEGISLATION CITED : Residential Tenancies Act 1987, Part 5, s 57, s 63, s 64, s 64 (2) (b) and (c), s 64 (3), s 66, s 85 (1) (d). CASES CITED : Coulton v Holcombe (1986) 162 CLR 1. Susan Street (Plaintiff) PARTIES : v Consumer, Trader and Tenancy Tribunal (First Defendant) New South Wales Land and Housing Corporation also known as The Department of Housing (Second Defendant) FILE NUMBER(S) : SC 30054 of 2003 Craig Colborne (Plaintiff) COUNSEL : N/A (First Defendant) Mr A Enright (Second Defendant) Legal Aid Commission (Plaintiff) SOLICITORS : I V Knight - Crown Solicitor - Submitting Appearance (First Defendant) Legal Services Branch - NSW Department of Housing (Second Defendant)

LOWER COURT Consumer, Trader and Tenancy Tribunal JURISDICTION : LOWER COURT RT02/62079 FILE NUMBER(S) : LOWER COURT Kerrie Leotta, Member JUDICIAL OFFICER :