Tanious v NSW Land & Housing Corporation

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

EX TEMPORE Judgment

1. THE COURT: Mr Mofeed Tanious seeks leave to appeal from a decision of a judge sitting in the Common Law Division of this Court: Tanious v NSW Land & Housing Corporation [2021] NSWSC 807. The primary judge refused leave to him to appeal from the decision of an Appeal Panel of NCAT, itself dismissing Mr Tanious' appeal from a decision of a member of NCAT ordering, on 4 November 2020, the issue of a warrant for possession requiring Mr Tanious to give vacant possession to the respondent, which is the owner of the social housing premises in which Mr Tanious had lived for some years.
2. At all stages Mr Tanious has appeared for himself. This is reflected in the formulation of the proposed grounds of appeal, which are as follows: "1. On 30 Jun 2021 the Honourable Garling J from the Common Law Division / Supreme Court of New South Wales has refused leave for the appellant's Summons Commencing an Appeal and dismissed the Summons which appellant has filed on 24 February 2021. His Honourable Judge has supported the decisions all from the Tribunal below which accepted the certificate of Deemed Abandonment which was issued by Matt Grey, Deputy Registrar of the High Court of Australia from Sydney Registry which was dated on 1 September 2020. At the time a lot of suspicious surroundings the mentioned certificate, and it was accepted by the court and tribunals all below jeopardizing the appellant's right because the mentioned certificate itself can be considered as unreliable evidence and a sort of natural justice as there was no judgement from the Honourable High Court of Australia as well as no reasons of the decision for the mentioned certificate. 2. In Jun 2020 we all heard the public news about electronic invasion of the Honourable High Court of Australia website which could strongly have effect on faking the mentioned certificate because in March 2020 when the appellant has filed his case in that website as there was no other alternative in filing his case. At that time the appellant has noticed a lot of suspicious things have happened with his application while filing it with the help of an Asian officer has been working with the Honourable High Court of Australia at Sydney Registry computer at level 23 The appellant was able providing a lot of factual evidence in a form of emails and other verbal evidence confirming unreliability of the mentioned certificate supporting the natural justice from the side of the court and tribunals all below. 3. On 30/11/2018 in front of NSW Civil & Administrative Tribunal / the Appeal Panel in AP 18/42205 as well as on 21/11/2019 in front of the Honourable lerace J Supreme Court of NSW / Common Law Division in case number 2018 / 00391799 the respondent's representative has accepted not to take the home from the appellant. At the time on 29 / 3 / 2021 respondent under the police power has taken the home for the same reasons in the previous procedures all confirming the unreliability and the natural justice of the ways in which the appellant's eviction has happened in March 2021." [sic]