Ali Navazi v New South Wales Land and Housing Corporation

[2014] HCASL 173

ALI NAVAZI

v

NEW SOUTH WALES LAND AND HOUSING CORPORATION

[2014] HCASL 173

S5/2014

1. In 2010, following an investigation, an officer of the respondent decided to cancel the applicant's rental rebate pursuant to s 57 of the Housing Act 2001 (NSW) ("the Act").

2. On 1 March 2013, the Supreme Court of New South Wales (Rothman J) upheld the applicant's challenge to the validity of the decision to cancel the rebate. Rothman J held that the respondent had no power to cancel the rebate because it had not conducted an investigation under s 58 of the Act, failed to consider a mandatory consideration and taken into account an irrelevant consideration.

3. On 12 December 2013, the Court of Appeal of the Supreme Court of New South Wales (Basten, Barrett and Leeming JJA) allowed the respondent's appeal from the decision Rothman J. The Court of Appeal held that an investigation under s 58 had been conducted and that there was no basis for concluding that the applicant's weekly income was a mandatory relevant consideration. It also held the respondent did not err by having regard to the applicant's ownership of property. The Court of Appeal rejected the applicant's contentions that the investigation and the decision to cancel the rebate were not authorised.

4. The applicant now seeks special leave to appeal to this Court.  The Court of Appeal's decision involved the application of settled principles of statutory interpretation and the exercise of statutory powers.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
11 September 2014 P.A. Keane