Kostov v Ecclesia Housing Limited (No 4) [2018] NSWCATAP 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kostov v Ecclesia Housing Limited (No 4) [2018] NSWCATAP 241 Hearing dates: On the papers Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Appeal Panel Before: Malcolm Schyvens, Deputy President David Goldstein, Senior Member Decision: Application to restrict publication of decision dismissed Catchwords: APPEAL - Application to restrict publication of decision – principle of open justice – no evidence of confidentiality provided – information sought to be restricted in the public domain – held case not made out – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 49(1), 50(2), 64 Cases Cited: Food Improvers Pty Ltd v BGR Corp Pty Ltd (No 2) (2006) 155 FCR 216 Hogan v Australian Crime Commission (2010) 240 CLR 651 Kostov v Ecclesia Housing Limited (No 2) [2018] NSWCATAP 215 Kostov v Ecclesia Housing Limited (No 3) [2018] NSWCATAP 221 Russell v Russell (1976) 134 CLR 495 Texts Cited: G E Dal Pont, Law of Confidentiality, (1st ed 2015, LexisNexis Butterworths) Category: Consequential orders (other than Costs) Parties: Adriana Kostov (Applicant) Ecclesia Housing Limited (Respondent) Representation: Nil File Number(s): AP 18/28381 Publication restriction: Nil

reasons for decision

Background 1. On 5 June 2018, a Senior Member of the Consumer and Commercial Division of the Tribunal ("the Division") dismissed an application by Adriana Kostov (matter SH 18/24878) to set aside the decision of that Division of 21 May 2018 relating to a residential tenancy agreement between Adriana Kostov (the applicant in these proceedings) and Ecclesia Housing Limited (the respondent in these proceedings) (matter SH 18/21198). 2. The orders of the Division that the applicant sought to have set aside were that: the residential tenancy agreement between the applicant (as tenant) and the respondent (as landlord) was terminated due to the applicant's failure to pay rent; that possession of the premises was given to the landlord; and that the applicant pay the respondent the sum of $1,745.54 for unpaid rent. 3. The applicant commenced appeal proceedings in the Tribunal (AP 18/28381), lodging a Notice of Appeal challenging the Division's decision of 5 June 2018 dismissing her request for the orders of 21 May 2018 to be set aside. 4. The appeal proceedings were heard before us on 26 July 2018. Upon the conclusion of the hearing we ordered that the appeal be dismissed and advised that we would proceed to provide written reasons. 5. The Tribunal's registry informed the applicant and the respondent by email on 15 August 2018 that the reasons for our orders of 26 July 2018 would be available by publication to Caselaw the next business day. Shortly after the registry sent the email on 15 August 2018, the applicant sent an email in reply requesting that the reasons not be published. We have decided not to grant the applicant's request and now provide our reasons for that decision.