Dayeian v Davidson

The case of *Dayeian v Davidson* concerned an appeal to the New South Wales Court of Appeal regarding a dispute over a residential tenancy agreement. The central issue revolved around the nature and enforceability of the agreement, particularly its duration, and the subsequent legal proceedings that followed a decision by the Consumer, Trader and Tenancy Tribunal.

The Court of Appeal was required to determine whether the agreement constituted a residential tenancy agreement for the purposes of the *Residential Tenancies Act 1987* (NSW), specifically whether the term stating the tenancy was "for life or as long as tenant wishes to stay" created a certain and enforceable term. Furthermore, the court considered whether the District Court had erred in its judicial review of the Tribunal's decision, particularly in relation to the grounds for appeal under section 67 of the *Consumer, Trader and Tenancy Tribunal Act 2001* (NSW) and the nature of the relief available.

The Court of Appeal found that the term "for life or as long as tenant wishes to stay" lacked the necessary certainty to constitute a fixed term for a residential tenancy agreement under the Act. The court reasoned that such a term was too vague and indeterminate to be legally enforceable as a fixed term, and that the District Court had erred in its interpretation of the law by upholding the Tribunal's finding that a valid residential tenancy agreement existed with such a term. The court also clarified that a right of appeal under section 67 of the *Consumer, Trader and Tenancy Tribunal Act 2001* (NSW) arises in relation to an incorrect decision on a matter of law, not merely a jurisdictional error, and that the District Court lacked the power to grant prerogative relief.

Consequently, the Court of Appeal allowed the appeal, set aside the orders of the District Court, and dismissed the appeal to the District Court. The court also made orders regarding the costs of the proceedings in both the Court of Appeal and the District Court.