Hanna v Consumer Trader & Tenancy Tribunal

EX TEMPORE Judgment

1. [1]

   This is a summons seeking to appeal from the decision of the Consumer Trader & Tenancy Tribunal. The original application was brought by Anne Hanna and Fayez Hanna against the landlords Antonio and Carlo Liviani. The Tribunal, on 9 May 2012, dismissed the application for want of appearance by either Mr or Mrs Hanna. On 6 June 2012 their application for rehearing of the dismissed application was refused. Mr and Mrs Hanna have appealed to this Court in respect of the dismissal of their application and the refusal to grant a rehearing. However, they have added as a party to the summons the real estate agent, Showcase Realty Pty Limited, which was, not a party at any stage to the proceedings in the Tribunal. Mr Hanna says it is properly a party since the Hannas wish to complain about a letter on the agent's file relating to the late payment of rent which they say is not accurate.

2. [2]

   The jurisdiction of the Tribunal is conferred by the Residential Tenancies Act 2010. The orders that may be made by it are prescribed in s 187 of the Act. They include the power to make an order directing a landlord, landlord's agent or tenant to comply with a requirement of the Act or the regulations; s 187(1)(h). Where a tenant alleges that the landlord's agent has not complied with a requirement of the Act or the regulations and an order is sought directing that the agent do so, the agent must be made a party to the proceedings in the Tribunal.

3. [3]

   In those circumstances the application by the agent to be removed from the appeal is unanswerable and I accordingly order that the second defendant be removed from the appeal. The plaintiff is to pay the agent's costs.