Alterine Pty Ltd v Corbett

Alterine Pty Ltd, a property owner, was involved in a dispute with Corbett, a lessee, concerning the ending of a fixed-term residential tenancy. The matter was brought before the tribunal to determine the validity of a notice to leave issued by the owner. The tribunal found the notice invalid due to lack of grounds, but the property owner sought leave to appeal on the basis of an error of law and the tribunal's failure to make certain findings of fact. The tribunal granted leave to appeal and allowed the appeal, finding that the tribunal's determination regarding the invalidity of the notice was indeed an error of law. Additionally, the tribunal noted that the tribunal had failed to make certain findings of fact, which necessitated a rehearing of the matter. The tribunal set aside the orders made by the tribunal on 10 December 2019 and remitted the proceedings to a different adjudicator for rehearing. The rehearing will focus on determining whether major or structural repairs are required to the property to justify issuing the notice to leave dated 23 October 2019. The rehearing will proceed based on the testimony at the rehearing and the evidence already filed by the parties. Unless the tribunal otherwise orders, all witnesses must attend the rehearing in person for cross-examination, and any application for a witness to attend the hearing by remote means or by remote conferencing must be made prior to 14 days before the hearing.