Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Hearing dates: 12 August 2015 Decision date: 02 October 2015 Before: Leeming JA at [1]; Sackville AJA at [7]; Adamson J at [126] Decision: 1. Refuse the applicant an extension of time to file the Amended Summons insofar as it seeks relief in relation to the decision of the Consumer, Trader and Tenancy Tribunal given on 6 October 2011. 2. Otherwise dismiss the Amended Summons. 3. The applicant pay the costs of the respondent of the proceedings, including the costs of the application to extend time. Catchwords: ADMINISTRATIVE LAW – tenant's appeal to the District Court from a decision of the Consumer, Trader and Tenancy Tribunal (Tribunal) on a question of law dismissed – tenant seeks judicial review of both the decision of the Tribunal and the District Court on a ground not put to either – whether Tribunal committed jurisdictional error – whether District Court decision has to be set aside before challenge to the Tribunal's decision is determined – whether principle in Port of Melbourne Authority v Anshun applies to the challenge to the Tribunal's decision – whether District Court committed error of law on the face of the record when the argument of law was not put to it Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, Pt 3 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 65, 67 Evidence Act 1995 (NSW), s 17 Housing Act 2001 (NSW), s 57; Pt 7; Sch 3 Residential Tenancies Act 2010 (NSW), ss 82, 87, 88, 113, 152 Residential Tenancies Act 1987 (NSW), s 64 Supreme Court Act 1970 (NSW), s 69