Boscolo v Consumer, Trader and Tenancy Tribunal [2014] NSWSC 1543

Supreme Court New South Wales

Medium Neutral Citation: Boscolo v Consumer, Trader and Tenancy Tribunal [2014] NSWSC 1543 Hearing dates: 20/10/2014 Decision date: 20 October 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) The Amended Summons filed 21 July 2014, and the proceedings generally, be dismissed. (2) Order the plaintiff to pay the second defendant's costs. Catchwords: PROCEDURE - civil - adjournment; application for - interests of justice - PROCEDURE - civil - summary disposal - dismissal - want of due dispatch - interests of justice Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Boscolo v Consumer, Trader & Tenancy Tribunal [2014] NSWSC 997 Boscolo v Consumer, Trader and Tenancy Tribunal [2014] NSWSC 1189 Boscolo v Consumer, Trader and Tenancy Tribunal (2) [2014] NSWSC 1205 Category: Principal judgment Parties: Sylvia Boscolo (P) Consumer, Trader and Tenancy Tribunal (D1) Housing NSW (NSW Land and Housing Corporation) (D2) Representation: Counsel: No appearance (P) Submitting appearance (D2) C P O'Neill (D2) File Number(s): 2013/327388 Decision under appeal Before: Tribunal Member D Turley (24/03/2013), Tribunal Member F Gray (16/10/2013)

EX TEMPORE Judgment 1Proceedings were commenced by the plaintiff on 1 November 2013 with the filing of a Summons, in which she sought orders that two previous orders of the Consumer, Trader and Tenancy Tribunal ("the Tribunal") be set aside. Those orders were made respectively on24 March 2014 and 16 October 2013 (although the plaintiff nominated 30 October 2013 in error). 2On 21 July 2014, the plaintiff filed an Amended Summons seeking three orders as follows: "(1) Proceedings before the tribunal were dismissed on 24 March 2014 despite a request for adjournment and medical evidence provided; (2) Housing New South Wales did not provide a property which was reasonably fit to live in and as a result the rent (which has been increased) is excessive; (3) An alternative property be offered to the plaintiff." (sic)