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Residential tenancies

Reznik v NSW Land and Housing Corporation

Appeal Panel held NCAT failed to engage with key CCTV and oral evidence about continuing driveway noise, and remitted the quiet enjoyment claim.

  • Quiet enjoyment
  • Noise disturbance
  • Failure to consider evidence
  • Adequacy of reasons
  • Leave to appeal and questions of law
  • Residential-tenancy
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Administrative law

Rosen v Louey

The Supreme Court granted leave to appeal, allowed the appeal, and remitted an NCAT consumer and commercial matter after finding procedural unfairness and error on materiality.

  • Procedural fairness
  • Hearing rule
  • Ncat internal appeal
  • Leave to appeal on question of law
  • Materiality of error
  • Ex parte hearing
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Civil procedure

Sinanovic v Bone

Leave to appeal was refused in a low-value tenancy dispute, with costs ordered against the applicant. The Court found no arguable error and no basis to revisit new grounds.

  • Leave to appeal
  • Apprehended bias
  • Procedural fairness
  • Lay advocate representation
  • Unconscionable conduct
  • Non est factum
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Residential tenancies

Megan Thomson v City West Housing Pty Ltd

The Supreme Court of New South Wales granted a stay of NCAT termination and possession orders pending Thomson’s appeal, citing procedural fairness concerns and balance of convenience.

  • Stay pending appeal
  • Procedural fairness
  • Termination order
  • Order for possession
  • Balance of convenience
  • Stay-pending-appeal
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Residential tenancies

Rouge v NSW Land and Housing Corporation

The Appeal Panel dismissed a tenant’s internal appeal about repair orders, holding the matters were properly heard together and there was no procedural unfairness.

  • Repairs to residential premises
  • Procedural fairness
  • Natural justice
  • Internal appeal
  • Leave to appeal
  • Jurisdiction
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Residential tenancies

El–Azzi v Bahsa

The Appeal Panel allowed amendment of the notice of appeal but dismissed an appeal about an adjournment refusal, finding no denial of procedural fairness.

  • Amendment of notice of appeal
  • Leave to appeal
  • Adjournment request
  • Denial of procedural fairness
  • Condition report evidence
  • Compensation claim
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Residential tenancies

Ullah v Halabi

The Tribunal declared the standard occupancy agreement was not a residential tenancy agreement and dismissed the rest of the application, finding the applicant boarded or lodged.

  • Whether a standard occupancy agreement is a residential tenancy agreement
  • Whether the occupant boarded or lodged
  • Jurisdiction under the residential tenancies act 2010 (nsw)
  • Residential-tenancy
  • Boarding-houses
  • Jurisdiction
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Residential tenancies

Song v Dickson

The Appeal Panel extended time by one day and allowed the appeal in part, remitting rent reduction and compensation issues for reconsideration.

  • Rent reduction
  • Compensation
  • Extension of time
  • Continuing breach
  • Repair obligations
  • Appeal on question of law
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Residential tenancies

Yu v Hawat

Yu v Hawat [2025] NSWCATAP 20

The Appeal Panel extended time, refused leave to appeal, and dismissed landlords’ appeal over a rent reduction for leaks and a blocked-sink claim.

  • Rent reduction
  • Liability for repairs
  • Procedural fairness
  • Residential-tenancies
  • Rent-reduction
  • Procedural-fairness
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Residential tenancies

Boscolo v New South Wales Land and Housing Corporation

Boscolo v New South Wales Land and Housing Corporation [2025] NSWCATAP 15

The Appeal Panel refused leave to appeal, dismissed the appeal, lifted the stay, and extended possession until 12 March 2025 in a social housing termination case.

  • Social housing
  • Termination for breach of tenancy agreement
  • Adjournment of hearing
  • Procedural fairness
  • Hoarding clause
  • Social-housing
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.