Halil v NSW Land and Housing Corporation [2022] NSWCATCD 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Halil v NSW Land and Housing Corporation [2022] NSWCATCD 220 Hearing dates: On the papers Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: 1. The time period to file the reinstatement application in Matter RT 22/42907 is extended to 26-Sep-2022. 2. The application to extend time for the set aside application in Matter SH 22/42909 is refused. 3. The application in Matter SH 22/42907 to set aside the orders of the Tribunal dated 12-Sep-2022 is dismissed. 4. The stay of the orders of the Tribunal dated 12-Sep-2022 in Matter SH 22/13261 are lifted. 5. The application in Matter RT 22/42899 to re-instate the proceedings dismissed by the Tribunal for non-appearance on 12-Sep-2022 is granted. 6. The reinstated proceedings in Matter RT 22/16245 are to be set down for a final hearing at a date to be allocated by the Tribunal Registry. No further documentary evidence is to be filed and served by the parties unless the Tribunal grants leave to do so. Catchwords: LEASES AND TENANCIES---Residential Tenancies Act 2010 (NSW)---Social housing---Termination for non-payment of rent---Ex parte decision---Set aside application---Extension of time---Whether time extended---Whether decision should be set aside LEASES AND TENANCIES---Residential Tenancies Act 2010 (NSW)---Social housing---State of repair of premises---Tenants application for rent reduction and compensation---Dismissal of proceedings for non-appearance---Reinstatement of proceedings---Extension of time---Whether time should be extended and proceedings be reinstated---s 55 (2) Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Regulation 2022 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW Housing Act 2001 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Bryan v Gorgievski [2015] NSWCATAP 186 David v Langman [2021] NSWCATAP 360 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Herbert v NSW Land and Housing Corporation [2019] NSWSC 1703 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 King v NSW Land and Housing Corporation [2022] NSWCATAP 165 MPP Property Pty Ltd v Soliman Hospitality Pty Ltd [2021] NSWCATAP 90 Seymour v Wu [2021] NSWCATAP 289 Wallace v Price [2017] NSWCATAP 151 Texts Cited: Nil Category: Principal judgment Parties: Hifsiye Halil (Applicant)