YDB v NSW Land and Housing Corporation [2023] NSWCATAP 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YDB v NSW Land and Housing Corporation [2023] NSWCATAP 55 Hearing dates: 24 November 2022 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member E Bishop SC, Senior Member Decision: 1. Leave is refused for the Appellant to rely on further evidence on the appeal. 2. Application for extension of time to lodge the appeal refused. 3. Leave to appeal refused. 4. Appeal dismissed 5. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure of the name of the applicant is prohibited. Catchwords: ADMINISTRATIVE LAW — particular administrative tribunals – NSW Civil and Administrative Tribunal – adequacy of reasons for interlocutory decisions APPEALS – extension of time decision and set aside decision – discretionary decisions – leave to appeal from interlocutory decisions LEASE AND TENANCIES – social housing – termination of tenancy – illegal activity – set aside application Legislation Cited: Administration Decisions Review Act 1997 (NSW), s 48, 49 Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 36, 41, 62, 64, 80, Sched 4, cl 12 Residential Tenancies Act 2010 (NSW), s 51(1) Civil and Administrative Tribunal Regulations 2013 (NSW), cl 9(3) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gallo v Dawson [1990] HCA 30 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King (1936) 55 CLR 499 Housing Commissioner of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Jackamarra v Krakouer (1998) 195 CLR 516 Jackson v Land and Housing Corporation (NSW) [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Li v Zhang [2016] NSWCATAP 268 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578 Pholi v Wearne [2014] NSWCATAP 78 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Texts Cited: None cited Category: Principal judgment Parties: YDB (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: H Ryan (Appellant) C Marshall (Respondent)