Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Hearing dates: 22 November 2017 Date of orders: 14 February 2018 Decision date: 14 February 2018 Jurisdiction: Appeal Panel Before: Wright J, President Boland ADCJ, Deputy President Dr J Renwick SC, Senior Member Decision: In AP15/66120, the Appeal Panel orders: (1) The separate questions be answered as follows: Did the Tribunal at first instance have authority to hear and determine the applications under the Residential Tenancies Act 2010 (NSW) in proceedings RT 15/41349 and RT 15/44353: (a) because in doing so it was exercising administrative and not judicial power?

NO

(b) if the answer to question (a) is "no", because the Tribunal is a court of a State for the purposes of Chapter III of the Constitution and s 39 of the Judiciary Act 1903 (Cth)?

YES

(2) The appeal is listed for directions on 1 March 2018 at 9.30 am.

In AP15/67274, the Appeal Panel orders: (1) The separate questions be answered as follows: Did the Tribunal at first instance have authority to hear and determine the application under the Residential Tenancies Act 2010 (NSW) in proceedings RT 15/56639: (a) because in doing so it was exercising administrative and not judicial power?

NO

(b) if the answer to question (a) is "no", because the Tribunal is a court of a State for the purposes of Chapter III of the Constitution and s 39 of the Judiciary Act 1903 (Cth)?