Partington v Pacific Link Community Housing Ltd [2013] NSWCA 67

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Partington v Pacific Link Community Housing Ltd [2013] NSWCA 67 Hearing dates: 25 March 2013 Decision date: 25 March 2013 Before: Ward JA Decision: Appellant's application to be reinstated in premises from which he was evicted, pending the hearing of his appeal, dismissed. Security for costs ordered. Orders made as to persons to whom, and manner in which, correspondence or communications in relation to these proceedings should be made. Costs of motions ordered in favour of respondent. [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: PRACTICE AND PROCEDURE - security for costs - application for orders as to communications between parties

BIAS - application for disqualification on grounds of bias

EQUITY - interlocutory mandatory injunction sought for reinstatement to premises pending appeal Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 House v R (1936) 55 CLR 499 Hunt v Allied Bakeries Ltd [1956] 3 All ER 513 King Investment Solutions Pty Ltd v Hussain [2009] NSWSC 1076 Lall v 53-55 Hall Street Pty Ltd [1978] 1 NSWLR 310 Levy v Bablis [2011] NSWCA 411 Little v Victoria [1998] 4 VR 596 Michael Wilson & Partners Ltd v Nicholls & Ors [2011] HCA 48; (2011) 282 ALR 685 Porter v Gordian Runoff Limited [2004] NSWCA 171 Preston v Harbour Pacific Underwriting Management Pty Limited [2007] NSWCA 247 Re Luck [2003] HCA 70; [2003] 203 ALR 1 Tampion v Anderson [1973] 3 ALR 414 Transglobal Capital Pty Limited v Yolarno Pty Limited [2004] NSWCA 136; [2004] 60 NSWLR 143 Weldon v Maples Teesdale & Co [1887] 20 QBD 331 Category: Interlocutory applications Parties: Ricky Partington (Appellant) Pacific Link Community Housing Ltd (First Respondent) Consumer Trader and Tenancy Tribunal (Second Respondent) Representation: Counsel: A Hourigan (First Respondent) K Sato (Second Respondent) Solicitors: Chris Ryan Legal (First Respondent) I V Knight, Crown Solicitor (Second Respondent)