Makowska v St George Community Housing Ltd

[2022] NSWCA 5

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Requirement to demonstrate jurisdictional error or error of law on the face of the record
4. › No error demonstrated
5. › Grounds amounting to challenge to factual findings not raised before Appeal Panel
6. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Remedies
3. › Discretionary factors
4. › Where statutory right of appeal not availed of
5. › Absence of satisfactory explanation
6. › Avoidance of need to obtain leave to appeal
7. › Whether relief should be refused on discretionary grounds
8. › Civil and Administrative Tribunal Act 2013 (NSW), ss 34, 83
1. Leases and Tenancies
2. › Concurrent lease
3. › Relationship between concurrent lessee and tenant under current lease
4. › Assumption of obligations to tenant by concurrent lessee
5. › Whether concurrent lessee liable for breaches occurring before commencement of concurrent lease
6. › Requirement for novation
7. › Residential Tenancies Act 2010 (NSW), s 50(3)

Quick Take

A concurrent lessee does not automatically assume the former landlord's pre-existing obligations to the tenant without a novation, and choosing judicial review over a statutory appeal without explanation may result in discretionary refusal of relief.