Makowska v St George Community Housing Ltd [2022] NSWCA 5

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Makowska v St George Community Housing Ltd [2022] NSWCA 5 Hearing dates: On the papers Date of orders: 7 February 2022 Decision date: 07 February 2022 Before: Meagher JA at [1]; Payne JA at [1]; N Adams J at [1] Decision: (1) Summons dated 27 July 2021 is dismissed with costs. Catchwords: ADMINISTRATIVE LAW — judicial review — requirement to demonstrate jurisdictional error or error of law on the face of the record — no error demonstrated ADMINISTRATIVE LAW — remedies — discretionary factors — where statutory right of appeal not availed of — absence of satisfactory explanation — avoidance of need to obtain leave to appeal — whether relief should be refused on discretionary grounds LEASES AND TENANCIES — concurrent lease — relationship between concurrent lessee and tenant under current lease — assumption of obligations to tenant by concurrent lessee Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 34, 78, 81, 83 Conveyancing Act 1919 (NSW), s 12 Evidence Act 1995 (NSW), s 131 Housing Act 2001 (NSW), s 13A Judiciary Act 1903 (Cth), s 78B Residential Tenancies Act 2010 (NSW), ss 3, 13, 50, 52, 187 Supreme Court Act 1970 (NSW), ss 48, 51, 69 Civil and Administrative Tribunal Regulation 2013 (NSW), r 9(1)(b) Uniform Civil Procedure Rules 2005 (NSW), rr 50.3, 59.10 Cases Cited: Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245; [1995] HCA 10 Gazecki v McCabes Lawyers Pty Ltd (2020) 102 NSWLR 259; [2020] NSWCA 98 Makowska v St George Community Housing Ltd [2021] NSWCATAP 198 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 Quinn v Commonwealth Director of Public Prosecutions [2021] NSWCA 294 Texts Cited: Andrew G Lang, Leases and Tenancies in New South Wales (1976, The Law Book Co) Category: Principal judgment Parties: Zofia Makowska (Applicant) St George Community Housing Ltd (First Respondent) New South Wales Civil and Administrative Tribunal (Second Respondent) (submitting appearance) Representation: Counsel: Litigant in person (Applicant) AR Langshaw (First Respondent)