Donoghoe v Compass Housing Services Co Ltd [2016] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Donoghoe v Compass Housing Services Co Ltd [2016] NSWCATAP 201 Hearing dates: 26 July 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Prof G Walker, Senior Member Decision: (1) Leave is refused for the appeal to be made on grounds other than questions of law. (2) The appeal is dismissed. (3) The Appellant's application for costs is dismissed. Catchwords: APPEAL – social housing – whether previous decision made by Appeal Panel operates as an issue estoppel preventing appellant from re-litigating that matter – whether Tribunal made an error in refusing to accept an application out of time – costs of self-represented appellant – special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 41, s 60, s 80 and Sch 4 cl 12 Residential Tenancies Act 2010 (NSW) s 43, s 63, and s 190 Residential Tenancies Regulation 2010 (NSW), cl 22 Cases Cited: Building Professionals Board v Hans (2008) NSWADTAP 13 Donoghoe v Compass Housing Services [2015] NSWCATAP 97 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Pickering v Yi [2015] NSWCATAP 161 Category: Principal judgment Parties: Sean Donoghoe (Appellant) Compass Housing Services Co Ltd (Respondent) Representation: Sean Donoghoe (Appellant in person) J Bently (Compass Housing Services Co Ltd) (Respondent) File Number(s): AP 16/22022 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 21 April 2016 Before: S Hanstein File Number(s): SH 15/66307