Naumovski v Mission Australia Housing Limited [2016] NSWSC 698

Supreme Court New South Wales

Medium Neutral Citation: Naumovski v Mission Australia Housing Limited [2016] NSWSC 698 Hearing dates: 06 May 2016 Date of orders: 06 May 2016 Decision date: 31 May 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. It be declared that orders 2 and 3 of the Civil and Administrative Tribunal of New South Wales by its Appeal Panel made on 31 March 2016 were made without jurisdiction, in that the Appeal Panel was not (for the purposes of s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) ("the CAT Act"), which applied to the Appeal Panel's decision by way of s 81(2) of the CAT Act) satisfied that it had the power to make a decision in terms of the agreed settlement between the parties or in terms that are consistent with the terms of the agreed settlement, and by dismissing the appeal brought to it from the orders of the Tribunal made on 24 September 2015 purportedly pursuant to s 59 of the CAT Act, the Appeal Panel constructively failed to exercise jurisdiction under ss 59 and 81 of the CAT Act.

2. The matter be remitted to the Appeal Panel for redetermination according to law.

3. Each party is to bear their own costs. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Appeal Panel - Civil and Administrative Tribunal of New South Wales – ss 59 and 81 of the Civil and Administrative Tribunal Act 2013 (NSW) - question of jurisdiction – orders by consent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Naumovski v Mission Australia Housing [2016] NSWCATAP 71 Category: Principal judgment Parties: Anita Naumovski (Plaintiff) Mission Australia Housing Limited (First Defendant) Civil Administrative Tribunal of New South Wales t/as NCAT (Second Defendant) Representation: Counsel: Mr Flecknoe-Brown (Plaintiff)