Adjrun v Chief Executive Officer (Housing)

[2022] NTSC 42

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Leases and Tenancies
2. › Residential tenancies
3. › Termination of tenancy
4. › Breach of tenancy agreement
5. › Failure to remedy breach
6. › Whether Tribunal erred in law in making orders for termination and possession
7. › Residential Tenancies Act 1999 (NT), ss 96B, 100A
1. Administrative Law
2. › Tribunals
3. › Review of decisions
4. › Rehearing
5. › Whether Tribunal conducted review as rehearing and applied correct onus and standard of proof
6. › Northern Territory Civil and Administrative Tribunal Act 2014 (NT), ss 45, 46
1. Administrative Law
2. › Tribunals
3. › Adequacy of reasons
4. › Statutory duty to give reasons
5. › Standard of reasons required of administrative tribunal distinguished from courts
6. › Northern Territory Civil and Administrative Tribunal Act 2014 (NT), s 105
1. Administrative Law
2. › Judicial review
3. › Unreasonableness
4. › Wednesbury unreasonableness
5. › Whether decision so unreasonable that no reasonable person could have arrived at it

Quick Take

A tribunal's enquiry during a rehearing about whether a party has fresh evidence does not constitute a reversal of the onus of proof. The [name withheld] principle has no necessary application in NTCAT proceedings where the rules of evidence do not apply. The statutory duty on NTCAT to give reasons under s 105(2) of the NTCAT Act does not require reasons for relevant findings of fact, and the standard of reasons required is lower than that required of a court.