New South Wales Land and Housing Corporation v Navazi [2013] NSWCA 431

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New South Wales Land and Housing Corporation v Navazi [2013] NSWCA 431 Hearing dates: 27/11/2013 Decision date: 12 December 2013 Before: Basten JA at [1]; Barrett JA at [7]; Leeming JA at [8] Decision: 1. Appeal allowed. 2. The orders made on 12 June 2013 be set aside, and in lieu thereof, Mr Navazi's amended summons be dismissed. 3. Mr Navazi to pay the Corporation's costs at first instance and on appeal. [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 at common law - decision under Housing Act 2001 to cancel rental rebate retrospectively - whether investigation under s 58 conducted - nature of "investigation" required by Housing Act - whether necessary to have regard to weekly income - whether error in relying on ownership of other residential property - construction of Ministerial policy - Housing Act 2001 (NSW), s 57, 58

ADMINISTRATIVE LAW - delegation and agency - Carltona principle - Housing Act authorises delegation and authorisation of agent - investigation and decision authorised - Housing Act 2001 (NSW), ss 6, 15 Legislation Cited: Housing Act 2001 (NSW), s 15, s 57, s 58, s 6(3) Housing Amendment (Tenant Fraud) Act 2008 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Police Integrity Commission Act 1996 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Australian Crime Commission v OK [2010] FCAFC 61; 185 FCR 258 Carltona Ltd v Commissioner of Works [1943] 2 All ER 560 Dalton v NSW Crime Commission [2006] HCA 17; 227 CLR 490 Klein v Domus Pty Ltd (1963) 109 CLR 467 Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council [2009] NSWCA 352; 117 LGERA 56 Minister for Immigration and Citizenship v Li [2013] HCA 18; 87 ALJR 618 O'Reilly v State Bank of Victoria Commissioners (1983) 153 CLR 1 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; 243 CLR 319 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391 Rich v Australian Securities and Investments Commission [2004] HCA 42; 220 CLR 129 Sinkovich v Attorney General of New South Wales [2013] NSWCA 383 Taciak v Commissioner of Australian Federal Police [1995] FCA 650; 59 FCR 285 Wallaby Grip Limited v QBE Insurance (Australia) Ltd [2010] HCA 9; 240 CLR 444 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action (5th ed, 2013) Category: Principal judgment Parties: New South Wales Land & Housing Corporation (appellant) Ali Navazi (also known as Nowronzali Navazihakani) (respondent) Representation: Counsel: JD Smith; V McWilliam (appellant) G Johnson SC; P Bambagiotti (respondent) Solicitors: NSW Department of Family and Community Services (Housing NSW) (appellant) Salvos Legal Humanitarian (respondent) File Number(s): 2013/113064 Decision under appeal Jurisdiction: 9111 Citation: [2013] NSWSC 138 Date of Decision: 2013-04-04 00:00:00 Before: Rothman J File Number(s): 2012/201252