Makowska v St George Community Housing Ltd [2021] NSWCATAP 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Makowska v St George Community Housing Ltd [2021] NSWCATAP 198 Hearing dates: 22 February 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President D Fairlie, Senior Member Decision: (1) In so far as the appeal challenges the decision at first instance in relation to the liability or culpability of St George Community Housing Ltd concerning the question of whether it took all reasonable steps to ensure that the other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises, the appeal is dismissed. (2) In so far as the appeal challenges the refusal of the Tribunal to join the New South Wales Land and Housing Corporation as a party to the proceedings for the purpose of determining whether the appellant is entitled to compensation from the New South Wales Land and Housing Corporation under s 187(1)(d) of the Residential Tenancies Act 2010 (NSW): (a) Leave is granted to appeal against that refusal, (b) An extension of time within which to appeal is granted to 8 December 2020. (3) The decision of 9 July 2020 to refuse to join the New South Wales Land and Housing Corporation to the proceedings is set aside. (4) The following issues are remitted to the Consumer and Commercial Division of the Tribunal: (a) The issue of whether the New South Wales Land and Housing Corporation should be joined to the proceedings under s 44(1) of the Civil and Administrative Tribunal Act 2013 (NSW); (b) In the event that the New South Wales Land and Housing Corporation is joined to the proceedings, the issue of whether the New South Wales Land and Housing Corporation should pay compensation to the appellant in relation to the events of 3 December 2018 to 1 April 2019 set out by the appellant in her application to the Tribunal filed on 14 January 2019. (5) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the publication of the name of the applicant's neighbour whose conduct is the subject of these proceedings, or any information tending to identify that neighbour, is prohibited. Catchwords: APPEALS – Procedural fairness – Hearing rule Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Housing Act 1985 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Act 1997 (Vic) Residential Tenancies Regulations 2019 Cases Cited: Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Makowska v St George Community Housing Ltd (Civil and Administrative Tribunal (NSW), 25 November 2020, unrep) McC v Director of Housing (Residential Tenancies) [2009] VCAT 2748 Mr S v Director of Housing (Residential Tenancies) [2009] VCAT 2615 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1: [2003] HCA 6 Category: Principal judgment Parties: Zofia Makowska (Appellant) St George Community Housing Ltd (Respondent) Representation: Appellant (Self-Represented) C Barrett (St George Community Housing Ltd (Respondent) File Number(s): 2020/00371238 (AP 20/52256) Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the publication of the name of the applicant's neighbour whose conduct is the subject of these proceedings, or any information tending to identify that neighbour, is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 25 November 2020 Before: G Blake AM SC, Senior Member File Number(s): SH 19/56856