ZUBER & GIBSON (Residential Tenancies)

Fiona Zuber, the appellant, appealed against an order of the Residential Tenancies Tribunal requiring her to pay Prue Gibson, the respondent, a sum of $3,481.00. The proceedings had initially been brought by Prue Gibson against Fiona Zuber, Sophie Zuber, and Prue Zuber. The dispute arose from the termination of a lease for a residential property, with the respondent alleging breaches by the appellants. The matter was heard in the Supreme Court of Victoria.

The legal issues before the court were twofold: firstly, whether the proceedings could be amended to remove Sophie Zuber and Prue Zuber as parties, and secondly, whether the original order should be set aside and replaced with a new order requiring the appellant to pay the respondent. The court had to consider whether the amendment was permissible under the relevant legislation and whether the evidence supported the original order.

The court found that the proceedings could be amended to remove Sophie Zuber and Prue Zuber as parties, as the amendments did not change the essential nature of the dispute and were made within a reasonable time. However, the court concluded that the original order should be set aside, not because the evidence was insufficient, but because the order did not specify the sum payable by the appellant within the required timeframe. Consequently, the court ordered that the appellant pay the respondent the sum of $3,481.00 within 14 days.

In light of the above, the court ordered that the proceedings be amended to remove Sophie Zuber and Prue Zuber as parties. Additionally, the order of 23 November 2009 was set aside, and in its place, the appellant, Ms. Fiona Zuber, was ordered to pay the respondent the sum of $3,481.00 within 14 days.