Commissioner For Social Housing v Hutchings & Gottschalk-Krutsky

The case involved the Commissioner for Social Housing, acting on behalf of the Social Housing Commission, who sought to terminate the tenancies of the respondents, Hutchings and Gottschalk-Krutsky. The Commissioner argued that the respondents failed to comply with the terms of their residential tenancies, leading to the issuance of a termination and possession order. Hutchings and Gottschalk-Krutsky contested the decision, claiming they had reasonable excuses for not attending the hearings and participating in the proceedings.

The central legal issue was whether the respondents had reasonable excuses for their non-attendance at the hearings. The court had to determine whether the failure to attend constituted a valid reason for setting aside the termination and possession order. The respondents argued that their non-attendance was due to genuine circumstances beyond their control, which should be considered under the principles of natural justice.

The court found that there was no reasonable excuse for the respondents' non-attendance at the hearings. The respondents had multiple opportunities to communicate with the Tribunal and explain their situation, but they failed to do so. The court held that their absence was unjustified and, therefore, the termination and possession order should not be set aside. Consequently, the interim application was dismissed, and the termination and possession order was stayed until a specified date. The court granted liberty to relist the matter on 48 hours notice before the specified date.