Smith v NSW Land and Housing Corporation [2023] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v NSW Land and Housing Corporation [2023] NSWCATAP 12 Hearing dates: 16 January 2023 Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: 1. Extend the time for filing the notice of appeal to 10 December 2022. 2. Allow the appeal. 3. Discharge the stay ordered on 23 December 2022. 4. Remit the matter to the Tribunal (differently constituted) for redetermination. 5. The decision of the Tribunal in SH 22/43125 of 14 October 2022 is set aside. Catchwords: APPEAL – extension of time to file notice of appeal – question of law Legislation Cited: Residential Tenancies Act 2010 (NSW) – ss 87, 154E Civil and Administrative Tribunal Act 2013 (NSW) - ss 80; cl 12 of Sch 4 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Camilleri v Eastlake [2018] NSWCATAP 176 Carbery v Warringah Rugby Club Ltd [2021] NSWCATAP 153 Collins v Urban [2014] NSWCATAP 17 Di Salvo v Leung [2014] NSWCATAP 44 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Cody Smith (Appellant) NSW Land and Housing Corporation(Respondent) Representation: Appellant (Self Represented) Crown Solicitor of NSW (Respondent) File Number(s): 2022/00379884 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 October 2022 Before: C Marzilli, Member File Number(s): SH 22/43125