Difficulty enforcing leasing agreements with interstate and international landlords

A NSW Court of Appeal decision regarding the enforcement of anti-discrimination legislation has had the surprise effect of throwing doubt on the enforceability of tenancy agreements where the landlord does not reside in NSW.

The decision of Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 involved the attempted enforcement of an order by the then NSW Administrative Decisions Tribunal (now the NSW Civil and Administrative Tribunal or NCAT) that Ms Corbett (a former federal candidate in Katter's Australian Party) publically and privately apologise for remarks which Mr Burns, a Sydney-based anti-discrimination campaigner, alleged were discriminatory towards homosexuals. When Ms Corbett refused to do so, Mr Burns commenced proceedings in the Supreme Court for contempt of court.