Nikjoo v NSW Land and Housing Corporation [2018] NSWCATAP 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nikjoo v NSW Land and Housing Corporation [2018] NSWCATAP 92 Hearing dates: 10 April 2018 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Sarginson, Senior Member Decision: (1) The stay on order 3 of the Tribunal dated 15 January 2018 in Matter SH 17/46144 is lifted;

(2) Leave to appeal is refused; and

(3) The appeals in Matter AP 18/04314 and AP 18/04318 are dismissed. Catchwords: APPEAL - Residential tenancies - Refusal of adjournment application - Applicable principles - No error of law established.

APPEAL - Residential tenancies - Apprehended bias - No error of law established

APPEAL - Residential tenancies - Whether substantial miscarriage of justice has occurred - Leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Armee v Brearley [2017] NSWCATAP 141 Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; ((2000) 205 CLR 337 House v R [1936] HCA 40; ((1936) 55 CLR 499 Isbester v Knox City Council [2015] HCA 20; ((2015) 255 CLR 135 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Johnson v Johnson [2000] HCA 48; ((2000) 201 CLR 488 O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 Category: Principal judgment Parties: Fardin Nikjoo (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: Mr T. Buterin (Respondent)