Hawkins v Wimbledon 1963 Pty Ltd [2024] NSWSC 1465

Supreme Court New South Wales

Medium Neutral Citation: Hawkins v Wimbledon 1963 Pty Ltd [2024] NSWSC 1465 Hearing dates: On the papers Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Common Law Before: Griffiths AJA Decision: 1. Grant an extension of time to permit the plaintiff to rely upon the amended summons filed 27 February 2024. 2. Set aside orders 1, 2 and 3 dated 11 April 2023 by the NSW Civil and Administrative Tribunal. 3. Set aside orders 6, 7 and 8 dated 18 May 2023 by the NSW Civil and Administrative Tribunal, including that part of the chapeau to the 18 May 2023 orders which states that they are "in full and final settlement of the application". 4. Set aside the NSW Civil and Administrative Tribunal certificate dated 19 June 2023 in proceeding RT 23/12547. 5. Set aside the Local Court Judgment dated 30 June 2023. 6. Set aside the order made on 30 August 2023 by the NSW Civil and Administrative Tribunal. 7. Remit matters RT 23/12547 and RT 23/22334 to the NSW Civil and Administrative Tribunal for reconsideration according to law. 8. The first defendant pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW — judicial review — review of orders made by NCAT under s 187 of the Residential Tenancies Act 2010 (NSW) — whether Court should exercise its discretion to conduct judicial review where an alternative remedy is available — whether NCAT made orders in excess of power — where money orders exceeded the monetary limit imposed on NCAT — significance of the fact that the impugned orders were made by consent — whether Local Court Judgment based on NCAT orders should also be set aside Legislation Cited: Civil and Administrative Tribunal Act 2008 (ACT), s 18 Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 29, 34, 59, 78, 80, 81, 83, Sch 4 cll 3, 5 Corporations Act 2001 (Cth), ss 9, 9AC, 9AD District Court Act 1973 (NSW), ss 9, 44, 48 Local Court Act 2007 (NSW) ss 29, 30, 31, 39, 40 Residential Tenancies Act 1987 (NSW), s 85 Residential Tenancies Act 1997 (Vic), s 447 Residential Tenancies Act 2010 (NSW), ss 3, 6, 7, 8, 13, 44, 52, 63, 70, 119, 187 Residential Tenancies Regulation 2019 (NSW), reg 40 Residential Tenancies Tribunal Act 1986 (NSW), s 19 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 59.10 Cases Cited: Bridgford v Brien [2017] NSWCATAP 111 Commissioner of Police New South Wales v Gray (2009) 74 NSWLR 1; [2009] NSWCA 49 Corcoran v Far [2019] NSWSC 1284 Ehrenfeld v Choy & Anor [2006] NSWSC 1092 Harvey v Phillips (1956) 95 CLR 235; [1956] HCA 27 Healthcare Complaints Commission v Robinson [2022] NSWCA 164 Nunez v Sampson [2022] NSWCATAP 125 Preston v Commissioner for Fair Trading (2011) 80 NSWLR 359; [2011] NSWCA 40 The Owners Strata Plan No 57164 v Yau (2017) 96 NSWLR 587; [2017] NSWCA 341 Thomas v Godbolt [2021] NSWCATAP 318 Vickery v The Owners – Strata Plan No 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284 Texts Cited: A Anforth, P Christensen and C Adkins, Residential Tenancies Law and Practice in NSW (8th ed, 2022, The Federation Press) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 16 April 1986 Ritchie's Uniform Civil Procedure NSW (2005, LexisNexis) (loose-leaf service) Category: Principal judgment Parties: David Hawkins (Plaintiff) Wimbledon 1963 Pty Limited (First Defendant) NSW Civil & Administrative Tribunal Consumer and Commercial Division (Second Defendant) NSW Local Court Waverley (Third Defendant) Representation: Counsel: D Hawkins (In person) R Sud (First Defendant)