Herbert v New South Wales Land and Housing Corporation

[2020] NSWCA 74

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Application to vacate hearing date
4. › Effect of COVID-19 pandemic on residential tenancy proceedings
5. › Whether moratorium on rental tenancy evictions engaged
6. › Residential Tenancies Regulation 2019 (NSW), Pt 6A
1. Constitutional Law (Cth)
2. › Inconsistency of laws
3. › Section 109 of the Constitution
4. › Whether government policy constitutes Commonwealth law
5. › Whether s 78B notices required
6. › Judiciary Act 1903 (Cth), s 78B
7. › Constitution, s 109
1. Practice and Procedure
2. › Subpoenas
3. › Refusal by Registrar to issue subpoena
4. › Review of Registrar's decision
5. › Whether factual issues available on question of law appeal
1. Practice and Procedure
2. › Appearance
3. › Failure to file notice of appearance
4. › Taking steps in proceedings without filing appearance
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 6.9, 6.11, 51.5

Quick Take

The Court held that government policy announcements (such as the COVID-19 moratorium on evictions) do not constitute Commonwealth laws capable of engaging s 109 inconsistency, and that the NSW COVID-19 tenancy regulations only protect 'impacted tenants' and do not apply retrospectively to orders made before the moratorium period.

Case Details

Citation[2020] NSWCA 74

CourtNSWCA

JurisdictionNew South Wales

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Relies on1

2019Herbert v New South Wales Land and Housing CorporationNSWSC 1703

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