Bentata v NSW Land and Housing Corporation [2019] NSWCATAP 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bentata v NSW Land and Housing Corporation [2019] NSWCATAP 174 Hearing dates: On the papers Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013 an order is made dispensing with the hearing of the application of the respondent to summarily dismiss the appeal and/or dismiss or stay the set aside application lodged 4 June 2019 (Application).

2. The Application is dismissed. Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – abuse of process – set aside application pending in proceedings at first instance – appeal against substantive orders lodged subsequently – power of Appeal Panel to intervene in unresolved set aside application. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Regulation, 2013 (NSW) Residential Tenancies Act, 2010 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Appellant: Yvonne Bentata Respondent: NSW Land and Housing Corporation Representation: Counsel: N Simpson (Appellant) A Fleckenoe-Brown (Respondent)

Solicitors: NSW Legal Aid (Respondent) File Number(s): AP 19/27043 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 13 May 2019 Before: P Smith, General Member File Number(s): SH 19/08288