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Benchmark - Real Estate Cases & Commentary
Procedure
    •  Administrative Decisions Tribunal
        -  Reasons for decision
            >  No requirement to record every point of analysis



No requirement to record every point of analysis 

A tenant complained in the Administrative Decisions Tribunal about ‘excessive rent’ and what it saw as unconscionable conduct regarding the lease. The tenant was unsuccessful in the ADT and appealed.

On appeal, the tenant claimed the ADT did not do its duty in fully addressing each argument advanced by the tenant. The Appeal Panel of the ADT did not accept this argument, and affirmed the decision of the ADT. Further, the Appeal Panel also rejected an argument that the ADT had failed in its duty to “attempt to conciliate”: although mediation had not occurred, there was no evidence the ADT had not attempted to resolve the dispute through mediation.

Sydney Supermarkets Pty Limited v Xu and Anor (RLD) [2009] NSWADTAP 28 (8 May 2009)