Naumovski v Mission Australia Housing Limited

Judgment

1. By summons filed with the Registry of this Court on 5 April 2016, the plaintiff seeks judicial review of orders made on 31 March 2016 by the Appeal Panel of the Civil and Administrative Tribunal of New South Wales ("NCAT").
2. The matter came before me for hearing in the Duty List on 6 May 2016, but was ultimately resolved, with the parties asking for orders to be made by this Court by consent.
3. The orders made on that day were: 1. It be declared that orders 2 and 3 of the Civil and Administrative Tribunal of New South Wales by its Appeal Panel made on 31 March 2016 were made without jurisdiction, in that the Appeal Panel was not (for the purposes of s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) ("the CAT Act"), which applied to the Appeal Panel's decision by way of s 81(2) of the CAT Act) satisfied that it had the power to make a decision in terms of the agreed settlement between the parties or in terms that are consistent with the terms of the agreed settlement, and by dismissing the appeal brought to it from the orders of the Tribunal made on 24 September 2015 purportedly pursuant to s 59 of the CAT Act, the Appeal Panel constructively failed to exercise jurisdiction under s 59 and 81 of the CAT Act. 2. The matter be remitted to the Appeal Panel for redetermination according to law. 3. Each party is to bear their own costs.
4. These are my reasons, in brief, for making those orders.
5. On 24 September 2015, NCAT heard proceedings that had been instituted in the Tribunal by the first defendant. The first defendant was the plaintiff's landlord, and it sought orders terminating the plaintiff's tenancy of a specific residential premises.
6. NCAT made orders that day pursuant to s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) ("the CAT Act"), in relation to an apparent agreed settlement of the proceedings.
7. Section 59 of the CAT Act provides: "59 Powers when proceedings settled (1) The Tribunal may, in any proceedings, make such orders (including an order dismissing the application or appeal that is the subject of the proceedings) as it thinks fit to give effect to any agreed settlement reached by the parties in the proceedings if: (a) the terms of the agreed settlement are in writing, signed by or on behalf of the parties and lodged with the Tribunal, and (b) the Tribunal is satisfied that it would have the power to make a decision in the terms of the agreed settlement or in terms that are consistent with the terms of the agreed settlement. (2) The Tribunal may dismiss the application or appeal that is the subject of the proceedings if it is not satisfied that it would have the power to make a decision in the terms of the agreed settlement or in terms consistent with the terms of the agreed settlement."