Halil v NSW Land and Housing Corporation [2023] NSWSC 553

Supreme Court New South Wales

Medium Neutral Citation: Halil v NSW Land and Housing Corporation [2023] NSWSC 553 Hearing dates: 19 May 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Common Law Before: Campbell J Decision: 1. List the appeal for hearing on 21 June 2023 with an estimate of ½ day. 2. Stay the warrant for possession made in the NSW Civil and Administrative Tribunal on 12 September 2022 until disposition of the appeal on the condition that the plaintiff pay an occupation fee in respect of her continued occupation of the premises in the sum of $250 per week. 3. Refer the plaintiff to the Registrar for the purpose of pro bono referral to a member of the Bar prepared to settle an amended summons limiting the grounds of appeal to available points of law alone and to appear for the plaintiff on the hearing of the appeal on 21 June 2023. 4. An amended summons to be filed on or before 7 June 2023. 5. Plaintiff's written submissions to be filed on or before 14 June 2023. 6. Defendant's written submissions to be filed on or before 18 June 2023. 7. The court book prepared by the defendant's solicitors and filed on 17 May 2023 may stand for the court book in the appeal. 8. Plaintiff to have liberty to file a supplementary court book on or before 7 June 2023. 9. List the matter to check readiness to proceed before the Registrar on 7 June 2023 at 9 am. Catchwords: CIVIL PROCEDURE — NCAT orders for possession of property — application for a stay of a warrant for possession — plaintiff seeks to appeal various NCAT decisions — whether stay is in the interests of justice — defendant entitled to fruits of litigation — statutory right of appeal nugatory if the stay is not granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cook's Construction Pty Wine Ltd v Stork Food Systems Australia Pty Ltd [2008] Qd R 453 Category: Procedural rulings Parties: Hifsiye Halil (Plaintiff) NSW Land and Housing Corporation (Defendant) Representation: Counsel: D Farinha (Defendant)