NSW Caselaw
New South Wales Court of Appeal
CITATION: Todd and 1 Other v Todd and 1 Other [2007] NSWCA 224 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 4 July 2007
JUDGMENT DATE: 27 August 2007
JUDGMENT OF: Santow JA at 1; Campbell JA at 101; Handley AJA at 102
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACT – Property. - PRACTICE & PROCEDURE – Whether decision of Residential Trader and Tenancy Tribunal gave rise to res judicata, issue estoppel and Anshun estoppel – dispute between parents/ parents-in-law with son and daughter-in-law as to whether house made available to them gave rise to any right on latters' part to prevent taking of possession – right of owner to recover possession outside Residential Tenancies Act 1987 under s20 of Civil Procedure Act and earlier s79 of Supreme Court Act.
Civil Procedure Act s20 LEGISLATION CITED: Common Law Procedure Act 1899 (NSW) Residential Tenancies Act 1987 (NSW) Supreme Court Act s79
CASES CITED: Blair v Curran [1939] 62 CLR 464
Adam TODD (First Appellant) PARTIES: Suzanne TODD (Second Appellant) William George TODD (First Respondent) Gisella TODD (Second Respondent)
FILE NUMBER(S): CA 40866/06
COUNSEL: Appellants in person C HARRIS, SC (Respondents)
SOLICITORS: Appellants in person Atkinson Vinden Heazlewoods (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC20280/05; SC20119/06
LOWER COURT JUDICIAL OFFICER: Barr J
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