Holloway v Chairperson of the Residential Tribunal

This matter concerned an appeal to the Court of Appeal of New South Wales, brought by the appellants against the Chairperson of the Residential Tribunal. The dispute arose from an application made under section 63 of the *Residential Tribunal Act 1998* (NSW) for a rehearing of a residential tenancy matter. The core of the appeal was whether the Chairperson was obliged to hear both parties before determining whether to grant a rehearing.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the Chairperson, when considering an application for a rehearing under section 63, was bound to hear submissions from both the applicant for the rehearing and the opposing party before making a decision. Secondly, the Court had to consider whether the mere absence of a party from the original hearing was, in itself, sufficient to establish that evidence not reasonably available at that hearing was now available, a key criterion for granting a rehearing.

The Court reasoned that section 63 of the *Residential Tribunal Act 1998* (NSW) implicitly required the Chairperson to afford both parties an opportunity to be heard before determining an application for a rehearing. The Court held that the absence of a party from the original hearing did not automatically satisfy the requirement that evidence not reasonably available at that hearing was now available. The appeal was allowed, and the previous orders were set aside, including the order for a rehearing by the Chairperson.