Yazbeck and Yazbeck v Abreu, Abreu and Consumer, Trader and Tenancy Tribunal

The appeal was brought by the Yazbecks against the Abreus and the Consumer, Trader and Tenancy Tribunal (the Tribunal). The primary dispute revolved around the jurisdiction of the Tribunal to hear an application for prerogative relief under section 65 of the Consumer, Trader and Tenancy Tribunal Act 2001. The Yazbecks sought to challenge the Tribunal's decision to grant the Abreus a tenancy termination order and to vacate the premises. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the Tribunal had the requisite jurisdiction to hear the application for prerogative relief and, if so, whether the relief sought was appropriate in the circumstances. The court had to determine whether the Tribunal's decision to grant the Abreus a tenancy termination order was correct, and if the Yazbecks' application for prerogative relief was valid. Furthermore, the court needed to consider the appropriate relief available under section 67 of the Act.

The court found that the Tribunal did not have the jurisdiction to hear the application for prerogative relief under section 65 of the Act. The court held that the relief sought by the Yazbecks was not within the scope of the Tribunal's powers. Consequently, the court struck out the relevant parts of the summons. The court further held that the matter should be re-listed for hearing to determine the appropriate relief under section 67 of the Act. The court also granted liberty to apply in relation to costs.

The court ordered that parts [1] and [2] of the summons be struck out. The matter was to be re-listed for hearing to determine the relief sought under section 67. The court also granted liberty to apply in relation to costs.