Twaddell v New South Wales Land and Housing Corporation [2014] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: Twaddell v New South Wales Land and Housing Corporation [2014] NSWSC 7 Hearing dates: 22 November 2012; further written submissions by leave closed 23 January 2014 Decision date: 31 January 2014 Before: McCallum J Decision: Orders made in the nature of certiorari quashing the decisions purporting to cancel the plaintiff's rental rebate and purporting to require the plaintiff to pay a debt of $12,235.79 to the Corporation; order made in the nature of prohibition prohibiting the defendant from acting upon the purported cancellation decision or the purported debt decision; defendant ordered to pay the plaintiff's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - Housing Act - decision to cancel rental rebate - whether power to make decision lawfully exercised - jurisdictional requirement to conduct an investigation under section 58 - whether satisfied Legislation Cited: Housing Act 2001 Supreme Court Act 1970 Cases Cited: Lafu v Minister for Immigration and Citizenship (2009) 112 ALD1; [2009] FCAFC 140 New South Wales Land and Housing Corporation v Navazi [2013] NSWCA 431 R v Secretary of State for the Home Department; ex parte Venables [1998] AC 407 Telstra Corporation v Australian Competition Tribunals (2009) 175 FCR 201 Category: Principal judgment Parties: Tanya Twaddell (plaintiff) New South Wales Land and Housing Corporation (defendant) Representation: Counsel: M Robinson SC, J Gumbert (plaintiff) J Smith, V McWilliam (defendant) Solicitors: Legal Aid NSW (plaintiff) NSW Land and Housing Corporation (defendant) File Number(s): 2012/103201 Publication restriction: None