Vorhauer v NSW Land and Housing Corporation [2019] NSWSC 809

Vorhauer v NSW Land and Housing Corporation [2019] NSWSC 809

No error of law was demonstrated in the Panel's reconsideration; the grounds for appeal were misconceived, the statutory authority and legal personality of the first defendant are established by legislation, and the NCAT Act was properly assented to—the appeal was hopeless and must be dismissed.

Parties
Plaintiff: Racheal Vorhauer; First Defendant: NSW Land and Housing Corporation; Second Defendant: NSW Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Residential Tenancy, Extension of Time, Costs, Constitutional Questions
Administrative Law Constitutional Law Judicial Review Residential Tenancy Extension of Time Costs Constitutional Questions

Case Brief

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Parties

Racheal Vorhauer

Plaintiff

NSW Land and Housing Corporation

First Defendant

NSW Civil and Administrative Tribunal

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted on questions of law arising from the Tribunal's decision
  2. 2 Whether orders for eviction and possession were lawful and authorized
  3. 3 Whether the NCAT Act was validly assented to and thus confers judicial authority

Ratio Decidendi

No error of law was demonstrated in the Panel's reconsideration; the grounds for appeal were misconceived, the statutory authority and legal personality of the first defendant are established by legislation, and the NCAT Act was properly assented to—the appeal was hopeless and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed.
  • The plaintiff is to pay the first defendant's costs of the appeal.