Davis v Compass Housing Services Co Ltd [2021] NSWCATAP 178

Davis v Compass Housing Services Co Ltd [2021] NSWCATAP 178

The Appeal Panel found the appellant had been offered the opportunity for a hearing and there was no procedural unfairness. The Tribunal did not err in determining the matter in her absence. The application to set aside was not brought within the required time, no extension was granted, and the Tribunal lacked power to create a new tenancy after execution of the warrant.

Parties
Appellant: Robynlee Davis; Respondent: Compass Housing Services Co Ltd
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Internal Appeal / Determination of Appeal From Original Tribunal Tenancy Possession Orders
Outcome
appeal dismissed
Legal Topics
Appeal, Procedural Fairness, Termination of Tenancy, Warrant of Possession, Power to Set Aside or Vary Tribunal Decision
Tenancy Administrative Law Appeal Procedural Fairness Termination of Tenancy Warrant of Possession Power to Set Aside or Vary Tribunal Decision

Case Brief

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Parties

Robynlee Davis

Appellant

Compass Housing Services Co Ltd

Respondent

Procedural Posture

Internal Appeal / Determination of Appeal From Original Tribunal Tenancy Possession Orders

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness by not being notified or present at the hearing on 14 January 2021
  2. 2 Whether the Tribunal erred in proceeding to determine the matter in the appellant's absence
  3. 3 Whether the Tribunal has power to set aside or vary orders after the warrant has been executed

Ratio Decidendi

The Appeal Panel found the appellant had been offered the opportunity for a hearing and there was no procedural unfairness. The Tribunal did not err in determining the matter in her absence. The application to set aside was not brought within the required time, no extension was granted, and the Tribunal lacked power to create a new tenancy after execution of the warrant.

Court Disposition

appeal dismissed

Orders

  • The Appeal Panel orders that the stay granted on 23 March 2021 be removed.