NSW Land and Housing Corporation v Simeon [2021] NSWSC 325

Supreme Court New South Wales

Medium Neutral Citation: NSW Land and Housing Corporation v Simeon [2021] NSWSC 325 Hearing dates: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Common Law Before: Basten J Decision: (1) Direct that the name of the defendant be amended to James Simeon. (2) Dismiss the plaintiff's motion of 29 March 2021 seeking leave to file an amended summons. (3) Refuse the plaintiff leave to appeal from the decision of the Appeal Panel of the Civil and Administrative Tribunal given on 4 May 2020. (4) Order that the plaintiff pay the defendant's costs in this Court. Catchwords: APPEAL – leave to appeal – stay ordered pending disposal of criminal charges – charges disposed of – utility of appeal – whether question of law – whether need to determine legal issue to prevent frustration of right of appeal TENANCY – residential tenancy agreement – termination – criminal conduct relied on by landlord – criminal charges laid – whether defence of termination proceeding would prejudice criminal defence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 64, 83 Residential Tenancies Act 2010 (NSW), ss 91, 154D Supreme Court Act 1970 (NSW), s 69 Cases Cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352; [2015] HCA 7 Commissioner, Australian Federal Police v Zhao (2015) 255 CLR 46; [2015] HCA 5 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 NSW Land and Housing Corporation v Simeon, 14 November 2019 Category: Principal judgment Parties: NSW Land and Housing Corporation (Plaintiff) James Simeon (Defendant) Representation: Counsel: Mr J O'Connor (Plaintiff) Mr D J Murray (Defendant)