Couch v NSW Land and Housing Corporation [2015] NSWCATAD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Couch v NSW Land and Housing Corporation [2015] NSWCATAD 146 Hearing dates: 16 June 2015 and 2 July 2015 Decision date: 09 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Mr Couch's application for interim orders under the Anti-Discrimination Act 1977 (NSW) is refused. Catchwords: INTERIM ORDER in nature of prohibitory injunction -– application under Anti-Discrimination Act 1977 for interim order to prevent NSW Land and Housing Corporation from terminating applicant's tenancy – proceedings for termination currently before Consumer and Commercial Division of Tribunal – powers of Tribunal under s 105 of Anti-Discrimination Act 1977 to adjourn or stay proceedings under the Residential Tenancies Ac 2010 – power to make orders confined to orders in the proceedings before the Tribunal - Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 105 Mental Health (Forensic Provisions) Act 1990 (NSW)., s 32 Residential Tenancies Act 2010 (NSW), s 87 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 Cardile v LED Builders Pty Ltd [1999] HCA 18 Dhillon v Rail Corporation of NSW [2009] NSWADTAP 63 Texts Cited: N Rees, K Lindsay and S Rice, Australian Anti-Discrimination Law, Text, Cases and Materials (2nd ed 2014, the Federation Press) Category: Procedural and other rulings Parties: Vincent Couch (Applicant) NSW Land and Housing Corporation (1st Respondent) Department of Family and Community Services (2nd Respondent) Representation: Counsel: B Fogarty (Applicant) J O'Connor (1st and 2nd Respondents) Solicitors: Legal Aid NSW (Applicant) N Cureton, NSW Family & Community Services (1st and 2nd Respondents) File Number(s): 1510322