Bott v NSW Land and Housing Corporation [2017] NSWCATCD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bott v NSW Land and Housing Corporation [2017] NSWCATCD 88 Hearing dates: 11 September, 9 November, 13 November 2017(submissions) Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Consumer and Commercial Division Before: The Hon F Marks ADCJ Decision: The following matters are referred to the Supreme Court of New South Wales for its consideration, namely whether the respondent, NSW Land and Housing Corporation has committed contempt of the Civil and Administrative Tribunal by reason of its failures, or any one or more of those failures with reference to premises occupied by the applicant under tenancy from the respondent;

(1) to comply with order made on 20 October,2016 in matter SH 16/16880 to carry out replacement of a door and door frame (2) to comply with order made on the same day and in the same matter as referred to in (1) to conduct an inspection of the premises to ascertain whether there was a water leak and conduct any necessary maintenance work for the leak on or before 18 November, 2016 (3) to comply with orders made on 24 March, 2017 in matter SH 17/11245; (a) to complete the work described in (1) above (b) to complete the work described in (2) above (c) to replace a pre-existing security door in a proper and workmanlike manner by 20 April, 2017 (d) to refund by 6 April, 2017 all rent paid in excess of $108.80 per week from 18 November, 2016 to 15 February, 2017 (e) to refund by 6 April, 2017 all rent paid in excess of $80 per week from 16 February, 2017 to 6 April, 2017 (f) to reduce all rent payable to the sum of $80 per week from 7 April, 2017 to the earlier of 17 November, 2017 or the date upon which all of the work referred to in (3) and (4) is completed Catchwords: Application to refer proceedings to Supreme Court under section 73 (5) of the Civil and Administrative Tribunal Act – principles relevant to referral – whether Crown immunity from suit applies to contempt proceedings-proceedings referred Legislation Cited: Civil and Administrative Tribunal Act Housing Act 2001 Interpretation Act (NSW) 1987 Crown Proceedings Act 1988 Cases Cited: Mohareb v Palmer [2017] NSWCA 281 AMIEU v Mudginberri Station Pty Ltd [1986] HCA 46 Witham v Holloway [1995] HCA 3 State Authorities Superannuation Board v Commissioner of State Taxation (WA) [1996] HCA 32. Crowther v State of Qld [2006] QCA 308 Hoxton Park Resident's Action Group Inc v Liverpool City Council [2014] NSWSC 704 O' Shane v Channel Seven Sydney Pty Ltd [2005] NSWSC 1358 Category: Principal judgment Parties: David Charles Bott (applicant) NSW Land and Housing Corporation (respondent) Representation: Applicant (self represented) Counsel: H White (respondent)