Douglas v NSW Land and Housing Corporation & Anor [2008] NSWCA 315

New South Wales Court of Appeal

CITATION: Douglas v NSW Land and Housing Corporation & Anor [2008] NSWCA 315

HEARING DATE(S): 10 November 2008

JUDGMENT DATE: 28 November 2008

JUDGMENT OF: Tobias JA at 1; Bell JA at 62; Gyles AJA at 63

(a) Grant the appellant leave to appeal. (b) Appeal allowed. DECISION: (c) Set aside the order made by Associate Justice Malpass on 4 June 2008 dismissing the summons filed by the appellant on 27 April 2007. (d) In lieu thereof the said summons be dismissed pursuant to r 13.4(1) of the Uniform Civil Procedural Rules 2005. (e) Each party to pay his or its own costs of the summons for leave to appeal and the appeal. (f) Order that the execution of any warrant issued for possession of the premises at 9 Melliodora Way, Macquarie Fields be stayed up to and including 12 December 2008.

CATCHWORDS: CONSUMER, TRADER and TENANCY TRIBUNAL - Termination of tenancy agreement - Eviction of tenant from subsidised housing - Sections 65 and 67 Consumer, Trader & Tenancy Tribunal Act 2001 (NSW) - Appeal from decision of Tribunal on a question with respect to a matter of law - PROCEDURAL FAIRNESS - Whether appellant denied procedural fairness - Appellant unrepresented litigant (litigant in person) - Relief claimed by appellant not available - Whether it was open to primary judge to review and determine grounds not tendered by appellant - Appellant not heard in relation grounds not tendered by him - Determination of grounds not tendered by appellant may prevent him filing properly drafted summons

Consumer, Trader & Tenancy Tribunal Act 2001 (NSW) LEGISLATION CITED: Residential Tenancies Act 1987 (NSW) Supreme Court Rules Pt 66A Uniform Civil Procedural Rules 2005 Pt 7 Div 9; Pt 13