Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 Hearing dates: 13 March 2023 Date of orders: 05 April 2023 Decision date: 05 April 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Goldstein, Senior Member Decision: (1) In so far as the appeal raises questions of law, the appeal is dismissed. (2) In so far as the appeal raises other errors, leave to appeal is refused, and the appeal is otherwise dismissed. (3) If the respondent seeks an order as to costs, it should file and serve any submissions within 14 days of the date of publication of these reasons. (4) The appellant may respond within a further 14 days. Catchwords: APPEALS - appeal from consent orders made by the Consumer and Commercial Division - whether there are any other grounds on which consent orders should be set aside – whether consent orders vitiated by duress, mistake or undue influence Legislation Cited: Anti-Discrimination Act 2013 (NSW) – s 47 Civil and Administrative Tribunal Act 2013 (NSW) – ss 63, 72, 80; cl 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW) – r 37 Housing Act 2011 (NSW) – ss 55, 56, 57, 58, 59 Residential Tenancies Act 2010 (NSW) – ss 87(4)(b), 154E Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Australia & New Zealand Banking Group v Karam [2005] NSWCA 344 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Bogoevski v Stricklands [2015] NSWCATAP 133 Collins v Urban [2014] NSWCATAP 17 Commercial Bank of Australia Lid v Amadio (1983) 151 CLR 447 Coulton v Holcombe (1986) 162 CLR 1 Ebner v Official Trustee in Bankruptcy [2000] HCA 63 Gaynor v Burns [2015] NSWCATAP 184 Harvey v Philips [1956] HCA 27 Liang v University of Technology, Sydney [2018] NSWCATAP 285, Pholi v Wearne [2014] NSWCATAP 78 Prenc v Stojcevski [2016] NSWCATAP 244 Roney v Housing and Land Corporation (NSW) [2015] NSWCATAP 269 Saurine v Coral Homes Qld Pty Ltd [2015] NSWCATAP Turk v NSW Land and Housing Corporation [2019] NSWCATAP 207 Yuen v Thom [2016] NSWCATAP Zonnevylle v Department of Education [2020] NSWCATAP 162 Texts Cited: None cited Category: Principal judgment Parties: Shirley Naish aka Khosroabadi (Appellant) NSW Land and Housing Corporation (Respondent) Representation: J P Capsanis & Co (Appellant) NSW Crown Solicitor (Respondent) File Number(s): 2022/00017997 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 January 2023 Before: P Zammit, General Member File Number(s): SH 22/54587