Todd and 1 Other v Todd and 1 Other

The dispute in *Todd and 1 Other v Todd and 1 Other* concerned whether a house made available by parents/parents-in-law to their son and daughter-in-law gave rise to any rights in the latter to prevent the owners from taking possession. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether a prior decision of the Residential Tribunal and Tenancy Tribunal gave rise to the doctrines of *res judicata*, issue estoppel, and *Anshun* estoppel. Additionally, the court considered whether the owners had a right to recover possession of the property outside the purview of the *Residential Tenancies Act 1987* (NSW), relying on section 20 of the *Civil Procedure Act 2005* (NSW) and its predecessor, section 79 of the *Supreme Court Act 1970* (NSW).

The Court of Appeal dismissed the appeal, finding that the prior tribunal decision did not create the estoppels contended for by the respondents. The court reasoned that the owners were entitled to pursue their claim for possession under the general law, as the relationship between the parties did not establish a residential tenancy agreement that would exclusively bring the matter within the jurisdiction of the Residential Tribunal. The court affirmed the owners' right to recover possession of their property. The appeal was dismissed with costs.