Makowska v St George Community Housing Ltd

[2021] NSWSC 287

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Administrative Law
2. › judicial review
3. › alternative relief by way of appeal not availed of
4. › absence of satisfactory explanation
5. › avoidance of time limit for an appeal
6. › avoidance of need to obtain leave to appeal
7. › value of claim small
8. › whether relief should be refused on discretionary grounds
1. Administrative Law
2. › judicial review
3. › decision of Appeal Panel of NCAT
4. › error of law by Tribunal member identified by Appeal Panel
5. › whether Appeal Panel erred in law in dismissing error as immaterial
6. › whether member found breach of duty by landlord entitling tenant to compensation
1. Administrative Law
2. › judicial review
3. › grounds
4. › irrelevant consideration
5. › whether finding of Appeal Panel an irrelevant consideration
6. › overlap of grounds
7. › reliance on “no evidence” and unreasonableness as equivalent to a prohibited consideration
8. › whether error of law
1. Leases and Tenancies
2. › residential tenancy
3. › right to quiet enjoyment
4. › failure to repair drains resulting in stormwater impeding access to car park
5. › no substantial interference