Aboriginal Housing Office v Harrison [2021] NSWCATAP 97

Aboriginal Housing Office v Harrison [2021] NSWCATAP 97

The appeal was dismissed because the Tribunal's erroneous statement about the application of Part 6A of the Residential Tenancies Regulation 2019 (NSW) occurred during issue-narrowing and settlement discussions, was not a ruling, did not prevent the appellant from pursuing termination or making submissions, and did not amount to prejudgment bias, denial of procedural fairness, duress, undue influence, vitiating mistake or any substantial injustice. The appellant's representative chose to seek alternative relief by consent. Further, s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) does not invalidate consent orders made orally at a hearing; it provides an additional mechanism...

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Residential Tenancy Appeal / Appeal From Consent Orders Made in the Consumer and Commercial Division; Applications to Amend Appellant Name and Extend Time to Lodge Appeal
Outcome
Appeal dismissed; appellant name amended; time to file appeal extended to 30 October 2020; hearing dispensed with for the amendment and extension applications.
Legal Topics
['consent Orders' 'settlement of Proceedings' 'extension of Time' 'procedural Fairness' 'prejudgment Bias' 'oral Consent at Hearing' 'specific Performance Order' 'termination Notice' 'covid 19 Residential Tenancy Regulation']
['residential Tenancy Law' 'civil Procedure' 'administrative Law'] ['consent Orders' 'settlement of Proceedings' 'extension of Time' 'procedural Fairness' 'prejudgment Bias' 'oral Consent at Hearing' 'specific Performance Order' 'termination Notice' 'covid 19 Residential Tenancy Regulation']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal From Consent Orders Made in the Consumer and Commercial Division; Applications to Amend Appellant Name and Extend Time to Lodge Appeal

Legal Issues

  1. 1 ['Whether consent orders were liable to be set aside because the Tribunal erroneously stated that Part 6A of the Residential Tenancies Regulation 2019 (NSW) applied and that the termination notice required 90 days notice.' 'Whether the making of consent orders was invalid because the settlement was not in writing, signed by the parties and lodged with the Tribunal under s 59(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether time to lodge the appeal should be extended.' "Whether the appellant's name should be amended to Aboriginal Housing Office."]

Ratio Decidendi

The appeal was dismissed because the Tribunal's erroneous statement about the application of Part 6A of the Residential Tenancies Regulation 2019 (NSW) occurred during issue-narrowing and settlement discussions, was not a ruling, did not prevent the appellant from pursuing termination or making submissions, and did not amount to prejudgment bias, denial of procedural fairness, duress, undue influence, vitiating mistake or any substantial injustice. The appellant's representative chose to seek alternative relief by consent. Further, s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) does not invalidate consent orders made orally at a hearing; it provides an additional mechanism...

Court Disposition

Appeal dismissed; appellant name amended; time to file appeal extended to 30 October 2020; hearing dispensed with for the amendment and extension applications.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing is dispensed with in respect of the application to amend the name of the appellant and the application to extend time to lodge the appeal.' 'The name of the appellant is amended to the Aboriginal Housing Office.' 'Time to file the...