Tenant Wins Second Chance in Rental Dispute
A Wollongong area renter has scored a significant legal victory, successfully appealing an eviction order that would have removed him from his Corrimal home of eleven years.
The case centres around Ronald Archibald, who faced immediate termination of his tenancy from the apartment owned by Cherry Agustin following a ruling by the Civil and Administrative Tribunal in May 2025.
The Rusty Stove That Started It All
At the heart of the dispute was a deteriorating kitchen appliance. Mr Archibald claimed the eviction was retaliatory, coming directly after he raised concerns about a rusty stove in October 2024.
During the original hearing, the tenant attempted to argue that the termination notice was connected to his stance on the appliance issue, but the tribunal informed him that retaliatory claims needed to be lodged separately.
The appeal ruling found this procedural approach denied Mr Archibald fundamental fairness. The decision stated that excluding the retaliatory allegation defence represented a lost opportunity for the tenant to present legal arguments and evidence that might have changed the outcome.
Timing Raises Questions About Motives
Appeal documents revealed compelling timing that supported the tenant's case. The notice of termination arrived within weeks of the repair dispute emerging, creating what the appeal court described as an arguable defence.
The close proximity between the stove repair disagreement and the no-grounds termination notice gave weight to Mr Archibald's retaliation claims.
Meanwhile, the landlord maintained that safety and livability concerns motivated their actions, not retaliation. They also noted that Mr Archibald had been offered alternative rental accommodation within his price range, which he declined.
The original tribunal order had required Mr Archibald to vacate immediately and pay $48.57 daily until he surrendered possession of the property.
Case Returns for Fresh Hearing
The appeal outcome means the eviction case will now return to the tribunal for reconsideration, this time with proper consideration given to the retaliatory eviction defence.
This ruling highlights the importance of procedural fairness in tenancy disputes and serves as a reminder that timing between tenant complaints and landlord actions can significantly influence legal outcomes.
The decision represents a temporary reprieve for Mr Archibald, who now prepares to make his case again in a forum that must consider all aspects of his defence.
