Brennan v New South Wales Land and Housing Corporation; New South Wales Land and Housing Corporation v Brennan [2011] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brennan v New South Wales Land and Housing Corporation; New South Wales Land and Housing Corporation v Brennan [2011] NSWCA 298 Hearing dates: 8 June 2011 and 11 July 2011 Decision date: 20 September 2011 Before: Giles JA at 1; Basten JA at 21; Handley AJA at 110 Decision: (1) In respect of the Housing Corporation's application for leave to appeal from the judgment of Hoeben J delivered on 2 November 2010: (a) grant leave to appeal; (b) direct the Housing Corporation to file a notice of appeal in the form of the draft notice contained in the while folder; (c) dismiss the appeal. (2) Dismiss Ms Brennan's application for judicial review of the judgment of the District Court delivered on 30 June 2010. (3) Order the Housing Corporation to pay 90% of Ms Brennan's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - procedural fairness - reasonably opportunity to be heard -a failure to be notified of proceedings - whether statutory scheme deems notice to have been given - Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 25(2), Consumer, Trader and Tenancy Tribunal Regulations 2009 (NSW), cl 50(2)