Alston and Windsor (No 2)

This matter concerned an application by the applicant, Alston, for an order for possession of a property against the respondent, Windsor. The dispute arose from an alleged breach of a residential tenancy agreement, with Alston seeking to recover possession of the premises. The application was heard by Benjamin J in the Supreme Court of Victoria.

The central legal issue before the Court was whether the applicant had established grounds for possession under the *Residential Tenancies Act 1997* (Vic). Specifically, the Court was required to determine if the respondent had breached the terms of the tenancy agreement in a manner that justified termination and recovery of possession, and if the applicant had complied with the procedural requirements for seeking such an order.

Benjamin J found that the applicant had failed to establish the grounds for possession. The Court's reasoning focused on the applicant's failure to provide sufficient evidence to prove the alleged breaches of the tenancy agreement. Furthermore, the Court noted that the applicant had not strictly adhered to the notice requirements stipulated by the *Residential Tenancies Act 1997* (Vic) for terminating a tenancy and seeking possession. The principles applied centred on the onus of proof resting with the applicant to demonstrate a breach and compliance with statutory procedures.

Consequently, the application for possession was dismissed.