Vorhauer v NSW Land and Housing Corporation [2019] NSWSC 809

Supreme Court New South Wales

Medium Neutral Citation: Vorhauer v NSW Land and Housing Corporation [2019] NSWSC 809 Hearing dates: 25 February 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Appeal is dismissed.

(2) The plaintiff is to pay the first defendant's costs of the appeal. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from the New South Wales Civil and Administrative Tribunal Appeal Panel – residential tenancy agreement – non-appearance by plaintiff – extension of time not granted – appeal hopeless – asserted constitutional questions – costs – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth of Australia Constitution Act 1901 (Cth) Housing Act 2001 (NSW) Interpretation Act 1987 (NSW) Judiciary Act 1903 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Competition & Consumer Commission v C G Berbatis Holdings Pty Ltd [1999] FCA 1151 Vorhauer v NSW Land and Housing Corporation [2017] NSWCATAP 159 Vorhauer v NSW Land and Housing Corporation (Supreme Court (NSW), Button J, 7 May 2018, (unrep)) Category: Principal judgment Parties: Racheal Vorhauer (Plaintiff) NSW Land and Housing Corporation (First Defendant) NSW Civil and Administrative Tribunal (Second Defendant) Representation: Counsel: K Madgwick (First Defendant)