Reisner v NSW Land and Housing Corporation and anor [2016] NSWSC 1071

Reisner v NSW Land and Housing Corporation and anor [2016] NSWSC 1071

The Court treated the matter as judicial review. Member Harrowell had power under the Civil & Administrative Tribunal Act 2013 (NSW), including s. 29(2)(a), to make the interlocutory decision dismissing the summons application notwithstanding the earlier order. The proposed summons was overwhelmingly inferable to be oppressive and an abuse of process. Senior Member Rosser did not err in construing s. 139 of the Residential Tenancies Act 2010 (NSW), and the transcript showed that the plaintiff was given every opportunity to put her case, so no denial of procedural fairness was established. No error of law was made out in respect of either decision, so the proceedings were dismissed and the...

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Judicial Review of Two Decisions of the New South Wales Civil & Administrative Tribunal / Supreme Court of New South Wales Common Law Division Ex Tempore Revised Judgment
Outcome
Proceedings dismissed; plaintiff ordered to pay the first defendant's costs as agreed or assessed.
Legal Topics
['judicial Review' 'ncat Procedure' 'summons to Produce' 'water Usage Charges' 'procedural Fairness' 'costs']
['administrative Law' 'residential Tenancies' 'civil Procedure'] ['judicial Review' 'ncat Procedure' 'summons to Produce' 'water Usage Charges' 'procedural Fairness' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review of Two Decisions of the New South Wales Civil & Administrative Tribunal / Supreme Court of New South Wales Common Law Division Ex Tempore Revised Judgment

Legal Issues

  1. 1 ["Whether Member Harrowell had power to dismiss the plaintiff's application to issue a summons to Sydney Water Corporation notwithstanding an earlier order granting leave to issue a summons." "Whether the absence of recorded reasons for Member Harrowell's decision rendered the plaintiff's position unfair or disclosed reviewable error." 'Whether Senior Member Rosser misconstrued s. 139 of the Residential Tenancies Act 2010 (NSW).' 'Whether the plaintiff was denied natural justice or procedural fairness before Senior Member Rosser.' 'Whether the proceedings should be dismissed and whether costs should be ordered.']

Ratio Decidendi

The Court treated the matter as judicial review. Member Harrowell had power under the Civil & Administrative Tribunal Act 2013 (NSW), including s. 29(2)(a), to make the interlocutory decision dismissing the summons application notwithstanding the earlier order. The proposed summons was overwhelmingly inferable to be oppressive and an abuse of process. Senior Member Rosser did not err in construing s. 139 of the Residential Tenancies Act 2010 (NSW), and the transcript showed that the plaintiff was given every opportunity to put her case, so no denial of procedural fairness was established. No error of law was made out in respect of either decision, so the proceedings were dismissed and the...

Court Disposition

Proceedings dismissed; plaintiff ordered to pay the first defendant's costs as agreed or assessed.

Orders

  • ['The proceedings are dismissed.' 'The plaintiff is to pay the costs of the first defendant, namely the New South Wales Land and Housing Corporation, as agreed or assessed.']