Saoud v Affordable Community Housing Ltd t/as Evolve Housing [2015] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saoud v Affordable Community Housing Ltd t/as Evolve Housing [2015] NSWCATAP 209 Hearing dates: 10 August 2015 Date of orders: 25 September 2015 Decision date: 25 September 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President Decision: 1. Leave granted for the Respondent to be legally represented. 2. The application for an extension of time in which to appeal is refused. 3. The appeal is dismissed. 4. The Respondent's application for costs is refused. Catchwords: PRACTICE AND PROCEDURE – consent orders – whether appeal should be accepted out of time – merits of appeal – no particularisation of claim that landlord's agent was subjected to duress when she signed terms of agreed settlement and consented to the Tribunal making orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Bernard Cairns, Australian Civil Procedure (8th ed, 2009 Law Book Co) Category: Principal judgment Parties: G Saoud (Appellant) Affordable Community Housing Pty Limited t/as Evolve Housing (Respondent) Representation: G Saoud (Appellant in person)

Counsel: K Madgwick (Respondent) File Number(s): AP 15/36030 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 20 March 2015 13 May 2015 Before: C XuerebS Westgarth File Number(s): RT 14/60319 RT 15/15043