VadeLab

Tenancy

Tenancy judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·01 Aug 2024

Tenant's Appeal for Rent Relief and Lease Extension Dismissed by NSW Civil and Administrative Tribunal

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·12 July 2024

Res Judicata: Preventing Repeated Claims on Same Issue

The NSW Civil and Administrative Tribunal dismissed a claim brought by a consumer against a supplier of goods, applying the principle of res judicata. The claimant tried to raise the same issue that had already been decided in earlier proceedings.

DismissedSupreme Court of New South Wales·20 June 2024

Supreme Court Rules Relocation Notices Valid Under Retail Leases Act

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·12 Dec 2023

Legal Costs in Pre-Litigation Mediation Not Recoverable

DismissedNSW Civil and Administrative Tribunal (Enforcement)·14 Nov 2023

Tenant's Contempt Application Against Landlord Dismissed by Tribunal

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·25 Sept 2023

Unsuccessful Party Ordered to Pay Costs in Jurisdiction Dismissal Case

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·01 Aug 2023

Tribunal Orders Builder to Compensate Owner for Conversion Defects

Allowed in PartNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·31 July 2023

NSW Tribunal Extends Compulsory Strata Manager Appointment

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·28 July 2023

Tribunal Invalidates Strata Resolutions and By-Laws

In this case, the Tribunal ruled in favour of an owner who challenged decisions made at a strata corporation's extraordinary general meeting (EGM). The motions to dissolve the a person and re-elect members were invalidated. Additionally, two special by-laws were declared invalid from their registration date.

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·13 July 2023

Tenant Awarded Compensation for Invalid Termination Notice

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·04 July 2023

NSW Tribunal Rejects Building Contract Deposit Refund Claims

In this case, the NSW Civil and Administrative Tribunal dismissed claims brought by individuals who sought refunds of deposits paid under preliminary agreements for building contracts. The Tribunal found that the applicants did not prove they were entitled to recover these payments as they failed to show compliance with contract terms or readiness to perform their obligations.

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·03 July 2023

Claimant Wins Vehicle Rust Refund in NSW Civil and Administrative Tribunal

Allowed in PartNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·09 May 2023

Tenant's Rent Reduction Claim Partially Allowed in NSW Civil and Administrative Tribunal

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·05 Apr 2023

Tenant's Appeal Against Rent Arrears Dismissed

The NSW Civil and Administrative Tribunal dismissed a tenant's appeal against rent arrears, ruling that it cannot review how rent is calculated under the Residential Tenancies Act 2010 (NSW).

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·28 Feb 2023

Tenant's Appeal to Set Aside Social Housing Termination Due to Illegal Activities Denied

DismissedSupreme Court of New South Wales·21 Dec 2022

Restraining Order Lifted: Tenant Access Confirmed

AllowedSupreme Court of New South Wales·16 Dec 2022

Tenant Wins Release of Rental Arrears Funds Held Since 2016

In a case before the Supreme Court of New South Wales, a tenant won an order to release funds held in court since 2016 as security for rental arrears. The decision was based on the lack of opposition from other parties and no prejudice caused by delay.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·25 May 2022

Tribunal Upholds Order Against Body Corporate

The NSW Civil and Administrative Tribunal dismissed an appeal by a body corporate against an order requiring payment to a resident. The Tribunal found it had the authority to make orders under s 106(5) of the Strata Schemes Management Act 2015 (NSW) as the loss suffered was reasonably foreseeable.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·17 May 2022

Tenant Loses Appeal for Costs After Successful Tenancy Appeal

The NSW Civil and Administrative Tribunal ruled that a tenant who successfully appealed a termination order was not entitled to costs. The Tribunal found that there were no special circumstances to justify a different costs order.

AllowedNSW Civil and Administrative Tribunal (Appeal Panel)·16 May 2022

Tenant's Consent to Terminate Tenancy Invalid Due to Undisclosed Bankruptcy

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