Hawkins v Wimbledon 1963 Pty Ltd - [2024] NSWSC 1465

Supreme Court

New South Wales

Medium Neutral Citation: Hawkins v Wimbledon 1963 Pty Ltd [2024] NSWSC 1465
Hearing dates: On the papers
Date of orders: 19 November 2024
Decision date: 19 November 2024
Jurisdiction: Common Law
Before: Griffiths AJA
Decision:
1. Grant an extension of time to permit the plaintiff to rely upon the amended summons filed 27 February 2024.
2. Set aside orders 1, 2 and 3 dated 11 April 2023 by the NSW Civil and Administrative Tribunal.
3. Set aside orders 6, 7 and 8 dated 18 May 2023 by the NSW Civil and Administrative Tribunal, including that part of the chapeau to the 18 May 2023 orders which states that they are “in full and final settlement of the application”.
4. Set aside the NSW Civil and Administrative Tribunal certificate dated 19 June 2023 in proceeding RT 23/12547.
5. Set aside the Local Court Judgment dated 30 June 2023.
6. Set aside the order made on 30 August 2023 by the NSW Civil and Administrative Tribunal.
7. Remit matters RT 23/12547 and RT 23/22334 to the NSW Civil and Administrative Tribunal for reconsideration according to law.
8. The first defendant pay the plaintiff’s costs.

Catchwords:
ADMINISTRATIVE LAW — judicial review — review of orders made by NCAT under s 187 of the Residential Tenancies Act 2010 (NSW) — whether Court should exercise its discretion to conduct judicial review where an alternative remedy is available — whether NCAT made orders in excess of power — where money orders exceeded the monetary limit imposed on NCAT — significance of the fact that the impugned orders were made by consent — whether Local Court Judgment based on NCAT orders should also be set aside

Legislation Cited:
Civil and Administrative Tribunal Act 2008 (ACT), s 18
Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 29, 34, 59, 78, 80, 81, 83, Sch 4 cll 3, 5
Corporations Act 2001 (Cth), ss 9, 9AC, 9AD
District Court Act 1973 (NSW), ss 9, 44, 48
Local Court Act 2007 (NSW) ss 29, 30, 31, 39, 40
Residential Tenancies Act 1987 (NSW), s 85
Residential Tenancies Act 1997 (Vic), s 447
Residential Tenancies Act 2010 (NSW), ss 3, 6, 7, 8, 13, 44, 52, 63, 70, 119, 187
Residential Tenancies Regulation 2019 (NSW), reg 40
Residential Tenancies Tribunal Act 1986 (NSW), s 19
Supreme Court Act 1970 (NSW), s 69
Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 59.10

Cases Cited:
Bridgford v Brien [2017] NSWCATAP 111
Commissioner of Police New South Wales v Gray (2009) 74 NSWLR 1; [2009] NSWCA 49
Corcoran v Far [2019] NSWSC 1284
Ehrenfeld v Choy & Anor [2006] NSWSC 1092
Harvey v Phillips (1956) 95 CLR 235; [1956] HCA 27
Healthcare Complaints Commission v Robinson [2022] NSWCA 164
Nunez v Sampson [2022] NSWCATAP 125
Preston v Commissioner for Fair Trading (2011) 80 NSWLR 359; [2011] NSWCA 40
The Owners Strata Plan No 57164 v Yau (2017) 96 NSWLR 587; [2017] NSWCA…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWSC 1465
Decision Date: 19 November 2024

CaseChat Overview and Summary

The case of Hawkins v Wimbledon 1963 Pty Ltd involved the tenant, Hawkins, challenging the validity of orders made by the NCAT and enforced through a Local Court Judgment against the landlord, Wimbledon 1963 Pty Ltd. The dispute centred on the interpretation and application of the Residential Tenancies Act 2010 (NSW), specifically in relation to the NCAT's authority to make monetary orders. The question before the court was whether the NCAT had the power to make orders exceeding the monetary limit imposed by the Act and whether the court should exercise its discretion to conduct judicial review when an alternative remedy was available.

The court needed to determine whether the NCAT had acted beyond its statutory authority by making orders that exceeded the monetary limit set out in the Act. The court also had to consider whether the fact that the orders were made by consent affected the court's jurisdiction to conduct judicial review. Furthermore, the court examined whether the Local Court Judgment, which was based on the NCAT orders, should also be set aside if the NCAT orders were found to be invalid.

The court found that the NCAT had indeed exceeded its statutory power by making orders that were beyond the monetary limit set out in the Act. The court held that, while the NCAT's orders were made by consent, this did not affect the court's jurisdiction to conduct judicial review. The court exercised its discretion to conduct judicial review and set aside the NCAT orders on the basis that they were made in excess of the NCAT's power. Consequently, the Local Court Judgment based on those orders was also set aside. The court's decision underscored the importance of ensuring that administrative bodies, such as the NCAT, act within their statutory powers and that judicial review remains available to correct any errors in their decision-making processes.

Orders