McNamara (McGrath) v Consumer Trader and Tenancy Tribunal

Landlord and Tenant – Applicability of the Landlord and Tenant (Amendment) Act 1948 (NSW) ("the LTA Act") – Appellant was a tenant of the Roads and Traffic Authority of New South Wales ("the RTA") in respect of certain premises ("the Premises") – The RTA sought from the Consumer Trader and Tenancy Tribunal an order for vacant possession of the Premises pursuant to the Residential Tenancies Act 1987 (NSW) ("the Tenancies Act") – Appellant argued that Premises were "prescribed premises" under the LTA Act and therefore exempt from the application of the Tenancies Act – Whether the RTA entitled to the benefit of an exemption from the application of the LTA Act for "the Crown in right ... of the State".

Statutes – Construction – The RTA was constituted under the Transport Administration Act 1988 (NSW) ("the Transport Act") – Transport Act, s 46(2)(b) provides that the RTA "is, for the purposes of any Act, a statutory body representing the Crown" – Whether "a statutory body representing the Crown" entitled to the benefit of a statutory exemption in favour of "the Crown in right ... of the State".

Words and phrases – "the Crown in right of the State", "statutory body representing the Crown".

Landlord and Tenant (Amendment) Act 1948 (NSW) – s 5.

Transport Administration Act 1988 (NSW) – s 46(2)(b).