Martin v Taylor

This appeal concerns the relationship between the Australian Capital Territory's Residential Tenancies Tribunal (RTT) and the Supreme Court of the Australian Capital Territory (Supreme Court). The Martins, who have resided on a property owned by Individual Homes Pty Ltd, a company under liquidation, appeal against a decision of the Supreme Court dismissing their application seeking rulings on various points of law. The primary judge found that the RTT lacked jurisdiction over the tenancy dispute and dismissed the application, save for the finding that the RTT had no jurisdiction. The key issue before the court was whether the Supreme Court had jurisdiction to hear the Martins' application for rulings on points of law and, if so, whether those rulings should be granted.

The court found that the Supreme Court did have jurisdiction to hear the application, but that the application was incompetent because it sought rulings on matters that were not justiciable. The court held that the Martins' claims regarding the validity of the winding up order and the existence of an implied tenancy at will were not justiciable in the Supreme Court. The court also held that the Martins' claim regarding the RTT's jurisdiction was justiciable, but that the RTT did not in fact lack jurisdiction. The court further held that the Martins' claims regarding the value of improvements and the statute of limitations were not justiciable in the Supreme Court.

The appeal was allowed, the judgment of the primary judge was set aside, and the proceeding was dismissed as incompetent. There was no order as to costs.