NSW Land & Housing Corporation v Christodoulou [2013] NSWDC 81

District Court New South Wales

Medium Neutral Citation: NSW Land & Housing Corporation v Christodoulou [2013] NSWDC 81 Hearing dates: 20 & 21 March 2013, and subsequent written submissions Decision date: 04 June 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.The appeal is allowed; 2.The decision and orders made by the Consumer, Trader and Tenancy Tribunal on 24 September and 3 October 2012 are set aside; 3.The proceedings are remitted to the Consumer, Trader and Tenancy Tribunal for determination according to law; 4.The plaintiff's costs of the summons and of the appeal are to be paid by Mr Christodoulou on the ordinary basis, unless otherwise ordered; 5.Liberty to apply on 7 days notice if further orders are required. [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 - appeal from decision of Consumer, Trader and Tenancy Tribunal seeking to set aside an order of that Tribunal declining to grant an order for the termination of a public housing tenancy - whether Tribunal made a decision involving an error on a question with respect to a matter of law pursuant to s 67(1) of the Consumer, Trader and Tenancy Act 2001 - appeal allowed - remittal for rehearing Legislation Cited: Companion Animals Act 1998, s 55 Consumer, Trader and Tenancy Act 2001, s 28, s 67 Residential Tenancies Act 2010, s 87, s 90, s 187 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Foley v Padley [1984] HCA 50, (1984) 154 CLR 349 Kalokerinos v HIA Insurance Services Pty Ltd [2004] NSWCA 312 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32, (2010) 241 CLR 390 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Maurici v Chief Commission of State Revenue [2003] HCA 8; (2003) 212 CLR 111 Minister for Immigration v Eshetu [1999] HCA 21; (1999) 197 CLR 611 NSW Land and Housing Corporation v Green [1997] NSWSC 532 Category: Principal judgment Parties: New South Wales Land and Housing Corporation (Plaintiff/Appellant) Gregory Christodoulou (Defendant/Respondent) Representation: Mr S Gardiner (Plaintiff/Appellant) Mr G Ng (Defendant/Respondent) Michael Callen, Housing NSW (Plaintiff/Appellant) Steve O'Connor, Legal Aid NSW (Defendant/Respondent) File Number(s): 2012/341262 Publication restriction: None Decision under appeal Date of Decision: 2012-09-24 00:00:00 Before: Consumer, Trader and Tenancy Tribunal Member S Hennings File Number(s): SH 12/29811