Boscolo v NSW Land and Housing Corporation [2019] NSWCA 246

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boscolo v NSW Land and Housing Corporation [2019] NSWCA 246 Hearing dates: 4 October 2019 Date of orders: 04 October 2019 Decision date: 10 October 2019 Before: Meagher JA; Emmett AJA Decision: 1. Dismiss the Summons for leave to appeal from the orders made by Fagan J on 26 September 2019. 2. The applicant pay the respondent's costs of that Summons. Catchwords: LEASES AND TENANCIES – application for leave to appeal – where residential premises uninhabitable – where tenant refused landlord access to carry out repairs – where tenant given notice of termination under Residential Tenancies Act 2010 (NSW), s 109 – where Civil and Administrative Tribunal made orders terminating tenancy agreement and for vacant possession – where tenant appealed to Appeal Panel – where Appeal Panel refused tenant's adjournment application and dismissed appeal – where tenant applied for leave to appeal to the Supreme Court – where primary judge summarily dismissed proceeding due to "negligible prospects of success" – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 32, 80, 81 Residential Tenancies Act 2010 (NSW), ss 109, 121 Category: Principal judgment Parties: Sylvia Boscolo (applicant) NSW Land and Housing Corporation (respondent) Representation: Counsel: In person (applicant) N Simpson (respondent) File Number(s): 2019/303030 Publication restriction: N/A Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Date of Decision: 26 September 2019 Before: Fagan J File Number(s): 2019/298630