Coster v Compass Housing Services Co Ltd t/as Home in Place [2022] NSWSC 1067

Supreme Court New South Wales

Medium Neutral Citation: Coster v Compass Housing Services Co Ltd t/as Home in Place [2022] NSWSC 1067 Hearing dates: 8 August 2022 Date of orders: 8 August 2022 Decision date: 08 August 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) The decision of the New South Wales Civil and Administrative Tribunal Appeal Panel made under Appeal Panel file number 2022/00100078 (NCAT Appeal Panel Proceeding) on 8 June 2022 is set aside. (2) The NCAT Appeal Panel Proceeding is remitted to the NCAT Appeal Panel, differently constituted, to be decided according to law. (3) The Order for possession of the residential premises at X/X XXXXXXXXXX XXXXXXXX, XXXXXXXXXX made by NCAT under NCAT file number SH21/46288 on 28 January 2022 is stayed pending the redetermination of the NCAT Appeal Panel Proceeding pursuant to Order 2 above. (4) Each party is to bear their own costs of this proceeding. Catchwords: CIVIL PROCEDURE – judgments and orders – consent orders – error of law – certiorari – requirement that the Court be satisfied there was an error of law – termination of tenancy agreement - absent at hearing due to arrest – failure to give adequate reasons – failure to have regard to a relevant consideration – remittal Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Bellman v Peters [2020] VSCA 143 House v The King (1936) 55 CLR 499; [1936] HCA 40 Ingham Enterprises Pty Ltd v Belokoski [2018] NSWSC 1233 Category: Principal judgment Parties: Meagan Coster (Plaintiff) Compass Housing Services Co Ltd t/as Home in Place (Defendant) Representation: Counsel: H Ryan (Plaintiff) J Dooley (Defendant)