Supreme Court
New South Wales
Medium Neutral Citation: Kyriakou v Long (No. 2) [2013] NSWSC 1891 Hearing dates: 11 December 2013 Decision date: 11 December 2013 Jurisdiction: Equity Division - Duty List Before: White J Decision: Notice of motion dismissed with costs.
Catchwords: LANDLORD AND TENANT - plaintiff's residential tenancy in defendant's premises terminated by order of Consumer, Trader and Tenancy Tribunal (CTTT) - application for mandatory injunction to permit plaintiff to remain in defendant's premises for two weeks - limitation on jurisdiction of court pursuant to s 65 of the Consumer, Trader and Tenancy Tribunal Act 2001 - meaning of "in respect of" a matter determined by the CTTT Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001
Residential Tenancies Act 2010Cases Cited: Kyriakou v Kuzevski & Ors [2011] NSWSC 1541 Category: Interlocutory applications Parties: Andrew Kyriakou (Plaintiff)
Guo Fen Long (Defendant)Representation: Counsel:
In person (Plaintiff)
P Tannous, solicitor (Defendant)
Solicitors:
The Australian Legal Practice (Defendant)
File Number(s): 2013/371742
Judgment
HIS HONOUR: On 29 November 2013 the Consumer, Trader and Tenancy Tribunal made orders terminating a tenancy agreement between the plaintiff as tenant and the defendant as landlord and giving possession of the premises occupied by the plaintiff to the landlord on 6 December 2013. Those orders were made in the plaintiff's absence.
After unsuccessfully seeking a stay of those orders from the District Court, the plaintiff commenced proceedings on 9 December 2013 seeking an order in the nature of certiorari quashing the orders of the Tribunal on the ground of denial of procedural fairness. On 10 December 2013 I dismissed the summons.
After I dismissed the plaintiff's summons, the plaintiff made a fresh application to Davies J in the Common Law Division. The summons filed in that Division included claims which were substantially the same as those that had been determined by me. But the plaintiff also sought a stay of proceedings, or of the decision of the Tribunal, for seven days. The claim for a stay was described as being "for service and further evidence to be adduced in Court and lodge re hearing application at CTTT in file RT13/52640".
According to the Associate's Record of Proceedings, Davies J made an order "Stay application refused".
The proceedings before me were urgent. I was told a warrant for possession of the premises was to be executed on 11 December.
Between about 7pm and 9pm on 10 December the plaintiff sent a series of emails to the plaintiff's lawyers advising that he had in mind attending this Court again today at 9am seeking urgent orders, the effect of which would allow him to remain on the premises for a period of no more than two weeks so that he would then be in a position to pack his extensive belongings, find suitable accommodation and move out of the premises. He asked that the defendant agree to this course to save substantial further legal costs as well as the costs of the sheriffs and…
Continue reading Kyriakou v Long (No. 2)
Sign in free to access the full text
- AGLC
- Kyriakou v Long (No. 2) [2013] NSWSC 1891
- Case
- [2013] NSWSC 1891
- Decision Date
CaseChat Overview and Summary
The court considered the legislative framework and the limitations on its jurisdiction in relation to matters decided by the CTTT. It was established that the court could only intervene if the application was directly related to the matter determined by the CTTT. The court held that the application was not directly connected to the matter determined by the CTTT. The phrase "in respect of" was interpreted to mean that the court could only exercise jurisdiction if the application was about a matter that was subject to the CTTT's decision. The court found that the application was not about the matter that had been subject to the CTTT's decision, but rather, a subsequent matter arising from that decision. Consequently, the court dismissed the application for lack of jurisdiction.
The court's reasoning and outcome were clear. The court found that the application did not fall within its jurisdiction as it was not directly related to the matter determined by the CTTT. The court did not grant the mandatory injunction sought by the plaintiff. No further orders were made in relation to the application.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.