Vok v NSW Land and Housing Corporation [2023] NSWCATAP 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vok v NSW Land and Housing Corporation [2023] NSWCATAP 232 Hearing dates: 4 May 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member L Wilson, Senior Member Decision: 1. Appeal allowed. 2. Order 3 made on 15 February 2023 is set aside and another decision is substituted for it, namely that the Respondent pay the Appellant $500 within 28 days of these orders. Catchwords: Appeal – Social housing - estoppel – error in application of principles of cause of action estoppel and/or issue estoppel - re-hearing – compensation awarded for breach of tenant's right to quiet enjoyment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 36(4), 80(2), 81(1), 81(2) Residential Tenancies Act 2010 (NSW), ss 44(1)(b), 44(5), 50(1), 50(2), 52(3), 55, 63(1), 64, 65, 187(1)(d) Cases Cited: Clayton v Bant [2020] HCA 44 Lazarevska v Ozturk [2017] NSWCATCD 21 Port of Melbourne Authority v Anshun (1981) 147CLR 589 Tomlinson v Ramsay Food Processing Pty Limited [2015] HCA 28 Texts Cited: None cited Category: Principal judgment Parties: George Vok (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: J O'Connor (Respondent)

Solicitor: Self-represented (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 2023/00066521 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: 15 February 2023 Before: A Lynch, General Member File Number(s): SH 22/43366