Halil v NSW Land and Housing Corporation [2023] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Halil v NSW Land and Housing Corporation [2023] NSWCATAP 72 Hearing dates: 28 February 2022 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Curtin SC, Senior Member Decision: In proceedings 2023/00019609: 1. Leave to appeal is refused. 2. Appeal dismissed. In proceedings 2022/00326497: 1. The application to extend time to appeal is refused. 2. Order 4 of the Tribunal made on 12 September 2022 is varied by substituting the date being six weeks from the date of this decision for the date 10 October 2022. 3. Subject to order 2 appeal dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 51, Schedule 4 cls 10(2), 12(1)(c) Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(b) Residential Tenancies Act 2010 (NSW), ss 44(1)(b), 45, 54, 87, 141, 187(1)(c), (d) Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Cominos v Di Rico [2016] NSWCATAP 5 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 3030; [2013] HCA 46 House v R (1936) 55 CLR 499; [1936] HCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Halsbury's Laws of Australia, online edition Category: Principal judgment Parties: Hifsiye Halil (Appellant in both matters) NSW Land and Housing Corporation (Respondent in both matters) Representation: Solicitors: M Hassan (Agent) (Appellant) Crown Solicitor (Respondent) File Number(s): 2023/00019609; 2022/00326497 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: 12 September 2022 Before: S Hennings, General Member; M Eftimiou, General Member File Number(s): SH 22/13261; RT 22/16245