Mania v NSW Land and Housing Corporation [2022] NSWCATAP 376

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mania v NSW Land and Housing Corporation [2022] NSWCATAP 376 Hearing dates: 9 August 2022 Date of orders: 8 December 2022 Decision date: 08 December 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. Leave is given in proceedings SH 22/09680 for the applicant (Ms Mania) to renew proceedings SH 21/39946. 2. Leave to appeal is refused and the appeal is dismissed. Catchwords: LANDLORD AND TENANT – Order to carry out repairs – form of order in the nature of a mandatory injunction PRACTICE AND PROCEDURE – Renewal of proceedings – Sch 4 cl 8 to Civil and Administrative Tribunal Act 2013 – requirement for leave – meaning of "other appropriate order" – power to vary time to comply with order Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Consumer Trader and Tenancy Tribunal Act 2001 (NSW) (repealed) Residential Tenancies Act 2010 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Collins v Urban [2014] NSWCATAP 17 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Larking v Great Western (Nepean) Gravel Ltd (in Liq) [1940] HCA 37; (1940) 64 CLR 22 von Reisner v State of NSW [2010] NSWSC 1356 Texts Cited: Nil Category: Principal judgment Parties: Liz Mania (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Self-represented (Appellant) Legal, Department of Communities and Justice (Respondent) File Number(s): 2022/00165901 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 18 May 2022 Before: D Ash, General Member File Number(s): SH 22/09680