[2003] NSWSC 731

Rowlands v Consumer, Trader & Tenancy Tribunal (No 2)

Order made setting aside Tribunal's determination denying a rehearing

Catchwords

ADMINISTRATIVE LAW - Prerogative Writs and Orders - Consumer, Trader & Tenancy Tribunal - Order for termination of tenancy made in absence of plaintiff - Rehearing application refused - Injunction against landlord on Court's own motion - Submitting appearance by Tribunal - Whether order setting aside determination should be made - Undertaking on behalf of landlord not to evict plaintiff pending a rehearing by the Tribunal

Judgment

[1]
Yesterday I granted an order nisi in the nature of a prerogative writ against the first defendant.
[2]
Later, in chambers, my Associate having been informed by the first defendant that the landlord might evict the plaintiff from the premises that evening, I made an order of my own motion that the second defendant by himself, his servants and agents be restrained from evicting the plaintiff from the premises in question until 4.30 pm today. That order was conveyed to the agents of the second defendant by telephone by my Associate.
[3]
Today, a solicitor from the Crown Solicitor’s Office appeared to enter a submitting appearance for the first defendant and the second defendant was represented by an agent. The plaintiff again appeared in person.
[4]
It was explained to the plaintiff that it was necessary to place the evidence upon which I had made the order the previous day on record. She undertook to file an affidavit in these proceedings today swearing to the matters referred to in my reasons for judgment of 7 August 2003.
[5]
Upon that undertaking, I set aside the first defendant’s decision dated 5 August 2003 in file numbered 03/31209 not to grant the plaintiff a rehearing with respect to the orders made by the first defendant on 1 August 2003 for termination and possession of premises at 31 Elizabeth Bay Road, Elizabeth Bay, Sydney.
[6]
The agent for the second defendant informed the Court that he was able to give, and did give, an undertaking by the second defendant not to cause the eviction of the plaintiff from the premises until the completion of a rehearing of the above decision by the first defendant. That undertaking is noted.