Singh v Khan

Singh (the tenant) and Khan (the landlord) were parties to a dispute concerning a commercial lease. The tenant sought to withhold rent payments, alleging the landlord's failure to provide a trust deed justified this action. The tenant also contended that tax invoices issued by the landlord were invalid due to the absence of the trust deed. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the landlord's refusal to produce a trust deed entitled the tenant to cease paying rent, and whether the tax invoices issued were rendered invalid by this omission. Additionally, the court considered whether the Tribunal, at first instance, had jurisdiction to hear the matter given the existence of pending proceedings in the Supreme Court.

The Court of Appeal determined that the tenant's obligation to pay rent under the lease was independent of the landlord's obligation to provide a trust deed. The court found no basis in law or the lease agreement for the tenant to unilaterally suspend rent payments. Consequently, the tax invoices were not rendered invalid. The court also found that the Tribunal did have jurisdiction to hear the matter, as the Supreme Court proceedings did not oust its authority.

The summons seeking leave to appeal was dismissed, and the tenant was ordered to pay the landlord's costs.