Couch v NSW Land and Housing Corporation [2015] NSWCATAD 146

Couch v NSW Land and Housing Corporation [2015] NSWCATAD 146

The proceedings under the Anti-Discrimination Act 1977 (NSW) were separate and distinct from the residential tenancy proceedings under the Residential Tenancies Act 2010 (NSW). Only the Tribunal constituted to hear the residential tenancy proceedings could grant a stay or adjournment of those proceedings, and s 105 of the Anti-Discrimination Act 1977 (NSW) permits interim orders directed to the conduct of parties, not orders directing another constituted Tribunal to stay or adjourn its proceedings. The Tribunal therefore had no jurisdiction to make the interim orders sought.

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Application for Interim Orders Under the Anti Discrimination Act 1977 (nsw) / Interim Order Application
Outcome
Application refused.
Legal Topics
['interim Orders' 'prohibitory Injunction' 'stay or Adjournment of Proceedings' 'disability Discrimination' 'termination of Tenancy' 'tribunal Jurisdiction']
['anti Discrimination Law' 'residential Tenancies' 'administrative Law'] ['interim Orders' 'prohibitory Injunction' 'stay or Adjournment of Proceedings' 'disability Discrimination' 'termination of Tenancy' 'tribunal Jurisdiction']

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Procedural Posture

Application for Interim Orders Under the Anti Discrimination Act 1977 (nsw) / Interim Order Application

Legal Issues

  1. 1 ['Whether the Tribunal, constituted in proceedings under the Anti-Discrimination Act 1977 (NSW), had power to stay or adjourn residential tenancy proceedings in the Consumer and Commercial Division pending determination of a disability discrimination complaint.' "Whether an interim order under s 105 of the Anti-Discrimination Act 1977 (NSW) could prevent the Consumer and Commercial Division from hearing and determining an application to terminate the applicant's tenancy."]

Ratio Decidendi

The proceedings under the Anti-Discrimination Act 1977 (NSW) were separate and distinct from the residential tenancy proceedings under the Residential Tenancies Act 2010 (NSW). Only the Tribunal constituted to hear the residential tenancy proceedings could grant a stay or adjournment of those proceedings, and s 105 of the Anti-Discrimination Act 1977 (NSW) permits interim orders directed to the conduct of parties, not orders directing another constituted Tribunal to stay or adjourn its proceedings. The Tribunal therefore had no jurisdiction to make the interim orders sought.

Court Disposition

Application refused.

Orders

  • ["Mr Couch's application for interim orders under the Anti-Discrimination Act 1977 (NSW) is refused."]