Makowska v St George Community Housing Ltd [2022] NSWCA 5
Ms Makowska failed to demonstrate any jurisdictional error or error of law on the face of the record in relation to the Appeal Panel's decision. The grounds raised related at most to factual findings or procedural decisions, not legal errors, and the Appeal Panel had power to determine questions of law. Judicial review was refused and the summons dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 07 February 2022
- Procedural Posture
- Judicial Review / Final Determination
- Outcome
- Summons dismissed
- Legal Topics
- ['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'concurrent Lease' 'remedies' 'lease Obligations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Final Determination
Legal Issues
- 1 ["Whether the Appeal Panel's decision was affected by jurisdictional error or error of law on the face of the record" 'Whether relief under s 69 of the Supreme Court Act 1970 (NSW) should be granted despite availability of statutory appeal' 'Whether the Appeal Panel erred in construing s 50(3) of the Residential Tenancies Act 2010 (NSW)']
Ratio Decidendi
Ms Makowska failed to demonstrate any jurisdictional error or error of law on the face of the record in relation to the Appeal Panel's decision. The grounds raised related at most to factual findings or procedural decisions, not legal errors, and the Appeal Panel had power to determine questions of law. Judicial review was refused and the summons dismissed.
Court Disposition
Summons dismissed
Orders
- ['Summons dated 27 July 2021 is dismissed with costs.']
Full Case Text
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