Hanna v Consumer Trader & Tenancy Tribunal [2012] NSWSC 1636

Supreme Court New South Wales

Medium Neutral Citation: Hanna v Consumer Trader & Tenancy Tribunal [2012] NSWSC 1636 Hearing dates: 19 October 2012 Decision date: 19 October 2012 Jurisdiction: Common Law Before: Adams J Decision: 1. That the second defendant be removed from the appeal. 2. Usual order as to costs for the second defendant. Legislation Cited: Residential Tenancies Act 2010 Category: Interlocutory applications Parties: Anne Hanna (First Plaintiff) Fayez Phillipe Hanna (Second Plaintiff) Consumer Trader & Tenancy Tribunal (First Defendant) Showcase Realty (Second Defendant) Antonio Carlo Liviani (Third Defendant) Representation: I V Knight, Crown Solicitor (First Defendant) H Watts (Second & Third Defendants) File Number(s): 2012/210180

EX TEMPORE Judgment 1 This is a summons seeking to appeal from the decision of the Consumer Trader & Tenancy Tribunal. The original application was brought by Anne Hanna and Fayez Hanna against the landlords Antonio and Carlo Liviani. The Tribunal, on 9 May 2012, dismissed the application for want of appearance by either Mr or Mrs Hanna. On 6 June 2012 their application for rehearing of the dismissed application was refused. Mr and Mrs Hanna have appealed to this Court in respect of the dismissal of their application and the refusal to grant a rehearing. However, they have added as a party to the summons the real estate agent, Showcase Realty Pty Limited, which was, not a party at any stage to the proceedings in the Tribunal. Mr Hanna says it is properly a party since the Hannas wish to complain about a letter on the agent's file relating to the late payment of rent which they say is not accurate. 2The jurisdiction of the Tribunal is conferred by the Residential Tenancies Act 2010. The orders that may be made by it are prescribed in s 187 of the Act. They include the power to make an order directing a landlord, landlord's agent or tenant to comply with a requirement of the Act or the regulations; s 187(1)(h). Where a tenant alleges that the landlord's agent has not complied with a requirement of the Act or the regulations and an order is sought directing that the agent do so, the agent must be made a party to the proceedings in the Tribunal. 3In those circumstances the application by the agent to be removed from the appeal is unanswerable and I accordingly order that the second defendant be removed from the appeal. The plaintiff is to pay the agent's costs.