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Munroe v Small Boat Club of South Australia Inc [2016] SACAT 36 | Case summary | Zoe

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Home/Cases/[2016] SACAT 36

SASACAT

Munroe v Small Boat Club of South Australia Inc [2016] SACAT 36

[2016] SACAT 36

SA Civil and Administrative Tribunal|2016-08-25|Before: Member Barbara

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At a glance

Source facts

Court

SA Civil and Administrative Tribunal

Decision date

2016-08-25

Before

Member Barbara

Source

Original judgment source is linked above.

Judgment (8 paragraphs)

[1]

Munroe v Small Boat Club of South Australia Inc [2016] SACAT 36 (25 August 2016)

[2]

Munroe v Small Boat Club of South Australia Inc [2016] SACAT 36

[3]

Residential tenancy - jurisdiction - occupation of club premises - not a residential tenancy - mediation appropriate

[4]

This application is made by Mr Munroe concerning his eviction from the accommodation he has occupied for a number of years at the premises of the Small Boat Club of South Australia Inc (the Club).

[5]

There are essentially two components to Mr Munroe's claim. First, he claims that he was unreasonably and unfairly expelled from the Club, and second, he claims that he should not have been evicted from the premises and the eviction has caused him significant inconvenience.

[6]

There is no written agreement between the parties concerning Mr Munroe's right to live at the Club's premises however, the parties agreed that he lived there from about 2011 until his recent eviction. Mr Munroe claimed that he paid rent during that time. This was disputed by Mr Fitton on behalf of the Club.

[7]

Section 5(1)(a)(iii) of the Residential Tenancies Act 1995 (the Act) states that the Act does not apply to an agreement giving a right of occupancy in club premises. For this reason I must dismiss the application as I do not have jurisdiction to deal with it.

[8]

However, I suggest to the parties that it would be worthwhile for them to consider seeking assistance from Mediation SA in relation to this dispute. If they are still unable to resolve the dispute then Mr Munroe may choose to pursue his rights in the Magistrates Court.

Parties

Applicant/Plaintiff:

Munroe

Respondent/Defendant:

Small Boat Club of South Australia Inc [2016] SACAT 36

Legislation Cited (1)

Tenancies Act 1995