Du Toit v Buhac [2014] NSWDC 329

District Court New South Wales

Medium Neutral Citation: Du Toit v Buhac [2014] NSWDC 329 Hearing dates: 6 June 2014 Date of orders: 10 June 2014 Decision date: 10 June 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)Allow the appeal by Charmaine du Toit. (2)Dismiss the claim against Charmaine du Toit. (3)Dismiss the appeal by Jacques du Toit. (4)Dismiss Dalibor Buhac's notice of motion. (5)Direct that any payment made by Jacques du Toit in discharging his liability to Mr Campbell under the Consumer, Trader and Tenancy Tribunal decision, in excess of a total of $5,500, be a credit to Jacques du Toit against his liability to Dalibor Buhac. (6)No order as to costs, with the intent that each party bear their own costs. Catchwords: APPEAL FROM LOCAL COURT – residential lease – monies owed by tenants to landlord – claim for overpaid rent by one tenant from another – terms of agreement – whether lack of jurisdiction - whether procedural unfairness – possible error of law not procedural unfairness – whether tenant's wife was party to agreement – effect of admission in statement of claim – consequences of future defaults by tenant – costs of self-represented and unrepresented parties Legislation Cited: Local Court Act 2007, s 39 Uniform Civil Procedure Rules 2005, Pt 40 Cases Cited: Burke v LFOT Pty Ltd (2002) 209 CLR 282 Cachia v Hanes (1994) 179 CLR 403 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Preston v Commissioner for Fair Trading [2011] NSWCA 40 Category: Principal judgment Parties: Jacques du Toit (first plaintiff) Charmaine du Toit (second plaintiff) Dalibor Buhac (defendant) File Number(s): 2014/36003 Publication restriction: None Decision under appeal Court or tribunal: Local Court Jurisdiction: Small Claims Division Date of Decision: 17 January 2014 Before: Assessor S Olischlager File Number(s): 2013/229616