NSW Caselaw
New South Wales Supreme Court
CITATION : Elabbas v CTTT & Anor [2007] NSWSC 878
HEARING DATE(S) : 2 August 2007
JUDGMENT DATE : 13 August 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The orders of the Tribunal Member Jeffrey Smith dated 20 December 2006 are affirmed; (3) The further amended summons filed 2 August 2007 is dismissed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - service of notice of termination
Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) ss 28, 33, 35, 36, 39, 53, 54, 65, 67 Housing Act 2001 (NSW) LEGISLATION CITED : Interpretation Act 1987 (NSW) - ss 33, 76 Residential Tenancies Act 1987 (NSW) - ss 64, 130 Residential Tenancies (Residential Premises) Regulation 1995 - Cl 25
Chapman v Taylor, Vero Insurance Ltd v Taylor [2004] NSWCA 456 Glenn Nicholson v New South Wales Land and Housing Corporation also known as the Department of Housing, NSWSC, unreported, 24 December 1991 CASES CITED : Italiano v Carbone & Ors [2005] NSWCA 177 Swain v Residential Tenancies Tribunal of New South Wales, NSWSC, unreported, 22 March 2995 Kalokerinos v HIA Insurance Services Pty Limited [2004] NSWCA 132
Anwar Elabbas - Plaintiff PARTIES : Consumer Trader and Tenancy Tribunal - First Defendant New South Wales Land and Housing Corporation - Second Defendant
FILE NUMBER(S) : SC 10727/2007
COUNSEL : Ms M Fraser - Plaintiff Mr A Jungwirth - Second Defendant
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