Makowska v St George Community Housing Limited [2024] NSWSC 1243

Supreme Court New South Wales

Medium Neutral Citation: Makowska v St George Community Housing Limited [2024] NSWSC 1243 Hearing dates: 12 September 2024 Date of orders: 8 October 2024 Decision date: 08 October 2024 Jurisdiction: Common Law Before: N Adams J Decision: (1) The summons is dismissed. (2) The plaintiff is to pay the defendant's costs on the ordinary basis. Catchwords: APPEAL – NCAT – Appeal from decision of Appeal Panel not to extend time – substantial procedural history – question of law and leave required to bring appeal to this Court – whether any ground of appeal raised an error of law – no error of law demonstrated – summons dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW), ss 38, 62(3), 80, 83, 84(2), Sch 4, Pt 6, cll 8, 12 Civil and Administrative Tribunal Rules 2015 (NSW), r 25(4)(b) Residential Tenancies Act 2010 (NSW), ss 44, 50(3), 62, 187(1)(b)(e) Uniform Civil Procedure Rules 2005 (NSW), r 50.3 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Cameron v Woollahra Municipal Council [2024] NSWCA 216 Donaghy t/as GJ Donaghy & Company Solicitors v Legal Aid Commission of NSW [2022] NSWSC 626 Jackson v NSW Land and Housing [2014] NSWCATAP 22 Kostas v HIA Insurance Services Pty Limited (2010) 241 CLR 390; [2010] HCA 32 Makowska v St George Community Housing [2022] NSWCATCD 69 Makowska v St George Community Housing Ltd [2020] NSWCATAP 159 Makowska v St George Community Housing Ltd [2021] NSWCA 249 Makowska v St George Community Housing Ltd [2021] NSWCATAP 198 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Makowska v St George Community Housing Ltd [2022] NSWCA 5 Makowska v St George Community Housing Ltd (New South Wales Civil and Administrative Tribunal Appeal Panel, 13 February 2020, unrep) Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd (No 2) [2023] NSWSC 416 Zofia Makowska v St George Community Housing (New South Wales Civil and Administrative Tribunal Appeal Panel, 1 November 2023, unrep) Category: Principal judgment Parties: Zofia Makowska (Applicant) (self-represented) St George Community Housing Limited (Respondent) Representation: Counsel: Mr M Klooster (Respondent)