Riskalla v NSW Land and Housing Corporation [2022] NSWCATAP 342

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Riskalla v NSW Land and Housing Corporation [2022] NSWCATAP 342 Hearing dates: 19 October 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) Pending determination of the appeal, the operation of the orders made 14 September 2022 in proceeding SH 22/27872 is affected in the following ways: (i) The date and time provided by order 2 for New South Wales Land and Housing Corporation (by its agent or other person exercising a right of access at its request) shall be that nominated by the Corporation in accordance with this order, from the following: 1pm on 1, 2 or 3 November 2022; and (ii) New South Wales Land and Housing Corporation is to notify the appellant by email of its nomination of the date for the access to the property by 5pm on 21 October 2022. Such Notice shall include the name of the organisation and name(s) of the persons nominated to access the premises. (2) The Application for a Stay is otherwise dismissed. Catchwords: APPEALS – application for a stay – question of balance of the rights and interests of the parties – access to premises to test smoke alarm Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 Cases Cited: Beck v Colonial Staff Super Pty Ltd & Ors (No 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 Hunter Development Corporation v Save our Rail NSW Incorporated (No 2) [2016] NSWCA 375; 93 NSWLR 704 Texts Cited: None cited Category: Procedural rulings Parties: Sami Riskalla (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2022/00290962 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 September 2022 Before: N Vrabac, Senior Member File Number(s): SH 22/27872