Aboriginal Housing Company Ltd v Kaye-Engel (No 7)

[2015] NSWSC 1554

Supreme Court

New South Wales

Medium Neutral Citation:	Aboriginal Housing Company Ltd v Kaye-Engel (No 7) [2015] NSWSC 1554
Hearing dates:	On the papers
Date of orders:	21 October 2015
Decision date:	21 October 2015
Jurisdiction:	Common Law
Before:	Wilson J
Decision:	1. Judgment for the plaintiff in the sum of $39,639.59. 2. Pursuant to section 6(2) of Schedule 4 the Civil and Administrative Tribunal Act 2013, order that the proceedings SH 11/13265 be remitted to the Civil and Administrative Tribunal of New South Wales to be dealt with in light of the reasons given in these proceedings in Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241. 3. The defendant pay the plaintiff’s costs of the proceedings, including all the costs of the defendant's cross-claim, as agreed or assessed.
Catchwords:	CIVIL LAW – final orders – matter remitted to NCAT – defendant to pay plaintiff’s costs
Legislation Cited:	Civil and Administrative Tribunal Act 2013
Cases Cited:	Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241
Category:	Principal judgment
Parties:	Aboriginal Housing Company Limited (Plaintiff) Natalie Kaye-Engel (Defendant)
Representation:	Counsel: N Kabilafkas (Plaintiff) Self-represented (Defendant) Solicitors: Ashurst (Plaintiff)
File Number(s):	2011/90824

Judgment

1. On 28 August 2015 the Court made a number of findings of fact in relation to this matter, together with some limited orders: Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241 at [162].

2. By order 3 of that decision, the Court directed the plaintiff to file and serve by 4 September 2015 any submissions it sought to make in relation to the final orders to be made by the Court relevant to its statement of claim, consistent with the judgment of 28 August 2015. The defendant was directed to file and serve any submissions in reply by 18 September 2015. It was noted that the question of further orders would be determined on the papers.

3. Both parties have filed submissions. Notably, and in view of the jurisdictional question as to this Court’s power to make orders for possession in the circumstances of this matter, the plaintiff does not seek orders finally disposing of the litigation. Rather, it is submitted that that aspect of the matter be remitted to the Civil and Administrative Tribunal of New South Wales (NCAT) to be determined in conformity with the judgment of this Court.

4. Although it is entitled to more, the plaintiff – with some generosity - does not seek to recover the whole of unpaid rental payments, but has limited its application in that regard to unpaid rent up to and including 16 February 2015.

5. Consistent with the reasons set out in the judgment of 28 August 2015, the Court makes the following orders.

orders

1. Judgment for the plaintiff in the sum of $39,639.59.

2. Pursuant to section 6(2) of Schedule 4 the Civil and Administrative Tribunal Act 2013, order that the proceedings SH 11/13265 be remitted to the Civil and Administrative Tribunal of New South Wales to be dealt with in light of the reasons given in these proceedings in Aboriginal Housing Company Ltd v Kaye-Engel (No 6) [2015] NSWSC 1241.

3. The defendant pay the plaintiff’s costs of the proceedings, including all the costs of the defendant's cross-claim, as agreed or assessed.