Herbert v NSW Land and Housing Corporation [2020] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Herbert v NSW Land and Housing Corporation [2020] NSWCA 80 Hearing dates: 28 April 2020 Decision date: 30 April 2020 Before: Macfarlan JA; Meagher JA Decision: (1) Dismiss the summons seeking leave to appeal filed 11 December 2019.

(2) Order the applicant pay the first respondent's costs of the summons.

(3) Dissolve the order staying the execution of the warrant for possession issued on 26 July 2019. Catchwords: APPEAL – application for leave to appeal – proposed appeal from appeal on question of law under Civil and Administrative Tribunal Act 2013 (NSW), s 83(1) – where appeal grounds without merit – where arguable errors by Tribunal not relied on in proposed grounds of appeal – where those errors not raised before Tribunal or likely to have been material to outcome – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Housing Act 2001 (NSW), s 56 Residential Tenancies Act 2010 (NSW), ss 41, 87, 88, 113 Cases Cited: Herbert v NSW Land & Housing Corporation [2019] NSWCATAP 173 Herbert v NSW Land and Housing Corporation [2019] NSWSC 1703 Navazi v NSW Land and Housing Corporation [2015] NSWCA 308 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Category: Principal judgment 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 self-represented N Simpson (first respondent)