Boscolo v NSW Land and Housing Corporation

The applicant, Boscolo, sought leave to appeal from orders made by Fagan J in the Supreme Court of New South Wales, which had summarily dismissed his proceeding. The underlying dispute concerned a residential tenancy agreement between Boscolo and the respondent, the NSW Land and Housing Corporation. The premises had become uninhabitable, and Boscolo had refused the Corporation access to conduct repairs. Consequently, the Corporation issued a notice of termination under section 109 of the *Residential Tenancies Act 2010* (NSW). The NSW Civil and Administrative Tribunal (NCAT) subsequently made orders terminating the tenancy agreement and granting vacant possession. Boscolo appealed these NCAT orders to the Appeal Panel, which refused his application for an adjournment and dismissed his appeal.

The primary legal issues before the Supreme Court were whether Boscolo had prospects of success in his application for leave to appeal from Fagan J's decision, and whether there was any question of principle involved that warranted appellate intervention. Fagan J had dismissed the proceeding on the basis that it had "negligible prospects of success."

Meagher JA and Emmett AJA, sitting in the Court of Appeal, considered the application for leave to appeal. Their Honours concluded that there was no question of principle involved in the matter and that the primary judge’s assessment of negligible prospects of success was correct. The court found no error in the Appeal Panel's refusal of the adjournment or its dismissal of the appeal, nor in the primary judge's summary dismissal of the proceeding.

The Summons for leave to appeal was dismissed, and Boscolo was ordered to pay the respondent’s costs of the Summons.