Defence Housing Authority, Ex parte- Residential Tenancies Tribunal of NSW

The Defence Housing Authority sought an order in the nature of prohibition against the Residential Tenancies Tribunal of New South Wales. The dispute concerned the Tribunal's jurisdiction to hear and determine applications made by tenants for orders for possession of premises owned by the Authority, where those tenants had been granted a licence to occupy the premises.

The central legal issue before the Court was whether the Residential Tenancies Tribunal had the power to make orders for possession in relation to premises occupied under a licence, rather than a tenancy agreement, and whether the Authority was amenable to the jurisdiction of the Tribunal in such matters.

Brennan CJ considered the nature of the relationship between the Authority and its occupants, distinguishing between a licence to occupy and a tenancy. His Honour determined that the Residential Tenancies Act 1987 (NSW) applied to tenancies, not licences. Consequently, the Tribunal lacked the statutory power to make orders for possession in relation to licensed premises, and the Authority was not subject to the Tribunal's jurisdiction in this context.

The application for prohibition was accordingly granted.