Jim McKeering Real Estate v Buchanan

The parties involved in the case are Jim McKeering Real Estate, the lessor, and Scott Nathan Buchanan, the tenant. The dispute concerns the validity of a notice to vacate given by the lessor, which the tenant alleged was retaliatory. The case was heard in the Civil and Administrative Tribunal of New South Wales, Appeal Division. The tenant sought to argue that the notice to vacate was retaliatory, despite the lessor not being present at the hearing to provide evidence. The central legal issues before the court were whether the absence of the lessor constituted a breach of procedural fairness, and if the tenant still had the right to argue that the notice was retaliatory.

The court found that the absence of the lessor did indeed breach procedural fairness, as it prevented the tenant from effectively cross-examining the lessor. Additionally, the court concluded that the tenant still had the right to argue that the notice was retaliatory, even in the absence of the lessor's evidence. The court found that the Tribunal's decision was vitiated by this procedural unfairness, and thus granted leave to appeal. The appeal was subsequently allowed, setting aside the earlier decision. The court ordered that the lessor must file submissions regarding the appropriate order by a specified date, with the tenant given a subsequent date to file a reply. The final determination of the application would be made by a member of the Tribunal based on the written submissions, without a further oral hearing.