Couch v NSW Land and Housing Corporation [2015] NSWCATAP 253

Couch v NSW Land and Housing Corporation [2015] NSWCATAP 253

The Tribunal had the power under s 105 of the Anti-Discrimination Act 1977 to grant an injunction restraining a party (such as the LHC) from proceeding with possession proceedings, but no such order was sought; as the only order sought was against the Tribunal itself, and as s 105 does not empower the Tribunal to make orders against itself restraining other proceedings, the Tribunal was correct to dismiss the application.

Parties
Appellant: Vincent Crouch; First Respondent: NSW Land and Housing Corporation; Second Respondent: Department of Family and Community Services
Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Appeal / Leave to Appeal and Merits Determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Interlocutory Injunctions, Tribunal Powers, Residential Tenancy Proceedings, Disability Discrimination
Administrative Law Equality and Discrimination Law Tenancy Law Interlocutory Injunctions Tribunal Powers Residential Tenancy Proceedings Disability Discrimination

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Parties

Vincent Crouch

Appellant

NSW Land and Housing Corporation

First Respondent

Department of Family and Community Services

Second Respondent

Procedural Posture

Appeal / Leave to Appeal and Merits Determination

Legal Issues

  1. 1 Whether the Tribunal had power under s 105 Anti-Discrimination Act 1977 (NSW) to grant an interim order staying proceedings in the Consumer and Commercial Division
  2. 2 Whether an injunction could be issued against the Tribunal itself rather than a party
  3. 3 Whether the Tribunal properly exercised its jurisdiction in refusing the order

Ratio Decidendi

The Tribunal had the power under s 105 of the Anti-Discrimination Act 1977 to grant an injunction restraining a party (such as the LHC) from proceeding with possession proceedings, but no such order was sought; as the only order sought was against the Tribunal itself, and as s 105 does not empower the Tribunal to make orders against itself restraining other proceedings, the Tribunal was correct to dismiss the application.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted
  • The appeal is dismissed