Tate v Unanderra Heights Pty Limited (RLD)

The appellant, Mr. Tate, sought review of a decision made by the NSW Civil and Administrative Tribunal, which had found that Unanderra Heights Pty Limited had breached the Residential Tenancies Act 1997 (NSW) by failing to provide a bond to the Registrar of the Local Court. The case was heard in the Land and Environment Court of New South Wales. The primary issue before the court was the interpretation of section 161 of the Act, which deals with the circumstances under which a landlord may be required to provide a bond to the Registrar. The court had to determine whether the Tribunal had correctly interpreted the statute in the context of the facts of this case.

The court examined the language of the statute and found that the Tribunal had erred in its interpretation. The court held that the bond was not required to be provided to the Registrar unless the landlord had not already provided a bond to the tenant, or the tenant had not already provided a bond to the landlord. The court held that the Tribunal had failed to take into account the fact that a bond had already been provided by the landlord to the tenant, and that this meant that the landlord was not required to provide a bond to the Registrar. The court therefore found that the Tribunal's decision was incorrect and varied the amount payable under the Order.

The appeal was dismissed and the Order made by the Tribunal on 12 July 2004 was varied by substituting $18,725 for $29,400 as the amount payable under the Order. Each party was given 28 days in which to file and serve an application for the costs of this appeal, with supporting submissions. Any submissions in response must be filed and served within a further 28 days. Unless a hearing is requested, the matter of costs will be decided on the papers. If no application is filed, there will be no order for costs.