Matautia Developments Pty Ltd v Di Liristi

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Matautia Developments Pty Ltd v Di Liristi [2021] NSWCATCD 77

Hearing dates:

29 November 2021

Date of orders:

21 December 2021

Decision date:

21 December 2021

Jurisdiction:

Consumer and Commercial Division

Before:

K Rosser, Principal Member

Decision:

1. Leave for legal representation is granted.

2. The residential tenancy agreement between the parties is terminated immediately and the respondent is to give vacant possession of the residential premises to the applicant on 3 January 2022.

Catchwords:

RESIDENTIAL TENANCY – Termination and possession - Transfer from Supreme Court – Res judicata

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Residential Tenancies Act 2010 (NSW)

Residential Tenancies Regulation 2010 (NSW)

Cases Cited:

Athens v Randwick City Council [2005] NSWCA 317; 64 NSWLR 58

Blair v Curran [1939] HCA 23; 62 CLR 464

Burns v Corbett [2018] HCA 15

Di Liristi v Matautia Developments Pty Ltd [2020] NSWCATAP 166

Di Liristi v Matautia Developments Pty Ltd (No 2) [2020] NSWSC 862

Di Liristi v Matautia Developments Pty Ltd (No 7) [2021] NSWSC 760

Ndaira v Allways Building NSW Pty Ltd [2018] NSWCATAP 279

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Matautia Developments Pty Ltd (Applicant)
Antonio Di Liristi (Respondent)

Representation:

Counsel:
A Avery-Williams (Applicant)

Solicitors:
Centurion Lawyers (Applicant)
Respondent (Self-represented)

File Number(s):

RT 21/29690

Publication restriction:

Nil

Reasons for decision

Introduction

1. These reasons for decision concern proceedings that were transferred to the Tribunal by the Supreme Court of New South Wales on 23 June 2021: Di Liristi v Matautia Developments Pty Ltd (No 7) [2021] NSWSC 760 Relevantly, in those proceedings Cavanagh J made the following order:

3) Order that the proceedings be transferred to the Tribunal for the making of an order for termination of the residential tenancy agreement dated 7 June 2019 and possession of the premises at … Austral in accordance with the declaration of the Court made on 11 June 2021.

2. Upon transfer of the proceedings, they were allocated the file number RT 21/29690.

3. In the transferred proceedings, the applicant sought the following orders:

1. The residential tenancy agreement between the parties is terminated immediately.

2. Possession of the premises to be given to the landlord immediately.

3. The order for possession is suspended for 7 days from the date of the Tribunal’s orders.

4. The applicant did not seek an order for payment of an occupation fee.

5. The respondent opposed the orders sought on the basis that the Tribunal has no jurisdiction to deal with the application. The respondent also argued that the termination notice relied on by the applicant is invalid and the issuing of the notice was not authorised by the applicant’s director. The respondent submitted that the Tribunal is not bound by Cavanagh J’s findings. In the event that the Tribunal made orders for termination and possession, the respondent sought four to five weeks to vacate the premises.

6. For the reasons that follow, I have made an order terminating the residential tenancy agreement and an order requiring…