Eishou v NSW Land and Housing Corporation [2023] NSWCATAP 13

Eishou v NSW Land and Housing Corporation [2023] NSWCATAP 13

The Appeal Panel held that the set aside order was based on a factual error: the main basis advanced by the landlord—that it did not know of the proceedings—was incorrect as demonstrated by contemporaneous documentary evidence. The decision was unjust and against the weight of the evidence, thus leave to appeal was granted and the set aside orders were themselves set aside with reinstatement (with variations) of the substantive orders made on 29 July 2022.

Parties
Appellant: Valter Eishou; Respondent: NSW Land and Housing Corporation
Jurisdiction
Australia
Judgment Date
27 January 2023
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal allowed; set aside orders reversed; substantive orders reinstated with new compliance dates
Legal Topics
Set Aside Application, Extension of Time, Adequacy of Reasons, Internal Appeal, Residential Tenancies, Exercise of Discretion
Administrative Law Tenancy Law Set Aside Application Extension of Time Adequacy of Reasons Internal Appeal Residential Tenancies Exercise of Discretion

Case Brief

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Parties

Valter Eishou

Appellant

NSW Land and Housing Corporation

Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether there was a failure to provide adequate reasons for decision
  2. 2 Whether the Tribunal erred in setting aside the orders of 29 July 2022
  3. 3 Whether the exercise of discretion was affected by factual error

Ratio Decidendi

The Appeal Panel held that the set aside order was based on a factual error: the main basis advanced by the landlord—that it did not know of the proceedings—was incorrect as demonstrated by contemporaneous documentary evidence. The decision was unjust and against the weight of the evidence, thus leave to appeal was granted and the set aside orders were themselves set aside with reinstatement (with variations) of the substantive orders made on 29 July 2022.

Court Disposition

Appeal allowed; set aside orders reversed; substantive orders reinstated with new compliance dates

Orders

  • The time for lodging the Notice of Appeal is extended to 5 October 2022.
  • Leave to appeal is granted.