Amos v Fett & Anor

Amos has brought proceedings against Fett and another respondent in the Magistrates Court, which were subsequently transferred to the tribunal. The primary issue for the tribunal was whether it had jurisdiction to hear the matter, given that the parties did not first attempt the conciliation process. The secondary issue was whether the tribunal has exclusive jurisdiction over residential tenancy disputes under $25,000. Amos further claims that the notices to remedy breaches issued by the respondents were invalid, justifying the termination of the lease agreement.

The tribunal examined whether it had jurisdiction to hear the matter, considering that the conciliation process was not attempted by the parties. It also evaluated whether it had exclusive jurisdiction over the dispute, given its value. The tribunal assessed the validity of the notices to remedy the breaches issued by the respondents. The tribunal considered whether it failed to take into account relevant considerations and whether it took irrelevant considerations into account. Ultimately, the tribunal had to determine whether leave to appeal should be granted.

In deciding the matter, the tribunal found that it had jurisdiction to hear the case despite the conciliation process not being attempted. It also found that it had exclusive jurisdiction over residential tenancy disputes under $25,000. The tribunal determined that the notices to remedy the breaches were valid, thus justifying the termination of the lease agreement. The tribunal held that it did not fail to take into account relevant considerations nor did it take irrelevant considerations into account. Therefore, the tribunal refused leave to appeal.

The tribunal refused leave to appeal.