Herbert v New South Wales Land and Housing Corporation [2020] NSWCA 74

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Herbert v New South Wales Land and Housing Corporation [2020] NSWCA 74 Hearing dates: 20 April 2020 Date of orders: 22 April 2020 Decision date: 22 April 2020 Before: Basten JA Decision: (1) Dismiss the applicant's notice of motion filed on 15 April 2020.

(2) Order that the costs of the motion be the respondent's costs in the application for leave to appeal. Catchwords: CIVIL PROCEDURE – appeal – question of law – request to issue subpoena – refusal of request by Registrar – review of Registrar's decision

CIVIL PROCEDURE – application to vacate hearing date – termination of residential tenancy agreement – effect of COVID-19 pandemic – whether moratorium on rental tenancy evictions – Residential Tenancies Regulation 2019 (NSW), Pt 6A

CIVIL PROCEDURE – appearance – failure to file notice of appearance – Uniform Civil Procedure Rules 2005 (NSW), rr 51.5; 6.9; 6.11

CONSTITUTIONAL LAW – operation of State law – whether inconsistent federal law – Government policy not a law – no notice given to Attorneys General – Judiciary Act 1903 (Cth), s 78B – Constitution, s 109 – no inconsistency Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Constitution, s 109 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) Judiciary Act 1903 (Cth), s 78B Residential Tenancies Act 2010 (NSW), ss 87, 121, 229; Pt 13

Residential Tenancies Regulation 2019 (NSW), Pt 6A Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 6.9, 6.11, 51.5. Cases Cited: Herbert v NSW Land & Housing Corporation [2019] NSWCATAP 173 Category: Procedural and other rulings Parties: Stephen Noel Herbert (Applicant) New South Wales Land and Housing Corporation (First Respondent) New South Wales Civil and Administrative Tribunal (Second Respondent) Representation: Counsel: Applicant in person Mr N J Simpson (First Respondent)