Shapkin v The University of Sydney

The applicant, Mr. Shapkin, sought leave to appeal a decision concerning his eviction from student accommodation provided by the respondent, The University of Sydney. The central dispute revolved around whether the residential agreement between Mr. Shapkin and the University, and the premises themselves, were exempt from the operation of the *Residential Tenancies Act 2010* (NSW).

The primary legal issue before the court was the interpretation of the term "hall of residence" as used in the *Residential Tenancies Act 2010* (NSW) and whether the accommodation provided by the University fell within this exclusion. This required the court to consider the nature of the residential agreement and the characteristics of the premises to determine if they were intended to be governed by the Act or were specifically exempted.

The court considered the provisions of the *Residential Tenancies Act 2010* (NSW) and the terms of the residential agreement. It concluded that the premises constituted a "hall of residence" and that the residential agreement and premises were therefore excluded from the operation of the Act. Consequently, the application for leave to appeal was refused as no issue of principle, question of public importance, or reasonably clear injustice was identified. The applicant was ordered to pay the respondent's costs of the application for leave to appeal.