M & T Entriken Pty Ltd v Nicholson (No 2)

The case of M & T Entriken Pty Ltd v Nicholson (No 2) involved a dispute over the calculation of site rent for manufactured homes. The matter was heard in the Administrative Appeals Tribunal (AAT) and subsequently appealed to the Federal Court. The primary issue before the court was whether the tribunal had correctly assessed the site rent for manufactured homes, particularly in light of new evidence that emerged after the initial tribunal decision.

The legal issue that the court was required to decide was whether the tribunal had correctly exercised its discretion in calculating the appropriate site rent. The appellant argued that the tribunal had not adequately considered the fresh evidence provided, which impacted the accuracy of the site rent calculation. The court needed to determine if the tribunal's failure to consider the new evidence amounted to a jurisdictional error or an error of law that warranted setting aside the tribunal's decision.

The court found that the tribunal had indeed erred by not considering the fresh evidence, which was relevant and material to the calculation of site rent. The tribunal was required to reassess the evidence and determine the appropriate site rent. The court held that the tribunal's failure to do so was a jurisdictional error. Consequently, the court set aside the tribunal's decision and remitted the matter back to the tribunal for reassessment. The court also provided specific instructions on the correct calculation of the site rent, reducing the amount from $160 per site per week to $154.77 per site per week.