Corcoran v Far

[2020] NSWCA 140

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Corcoran v Far [2020] NSWCA 140

Hearing dates:

26 June 2020

Decision date:

13 July 2020

Before:

White JA;
Emmett AJA

Decision:

The summons for leave to appeal is dismissed with costs.

Catchwords:

CIVIL PROCEDURE — Court of Appeal — Leave to appeal – No error which goes beyond merely arguable – No issue of principle or question of public importance – Leave refused

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW), s 83

Residential Tenancies Act 2010 (NSW), ss 85, 90, 187

Supreme Court Act 1970 (NSW), s 101

Cases Cited:

Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164

Carolan v AMF Bowling Pty Limited [1995] NSWCA 69

Collier v Lancer (No. 2) [2013] NSWCA 186

Corcoran v Far [2017] NSWCATCD 40

Corcoran v Far [2018] NSWCATAP 13

Corcoran v Far [2019] NSWSC 1284

Croucher v Cachia [2016] NSWCA 132

Dean v Phung [2012] NSWCA 223

Horseshoe Pastoral Co Pty Ltd v Rixon [2018] NSWCA 121

Huang v Attapallil & Ors [2017] NSWCA 181

Lukaszewicz v Polish Club Ltd [2020] NSWCA 99

Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223

The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26

White v Johnston (2015) 87 NSWLR 779; [2015] NSWCA 18

Category:

Procedural and other rulings

Parties:

Aaron Corcoran (Applicant)
Peter Far (Respondent)

Representation:

Counsel:
Self-represented (Applicant)
Self-represented (Respondent)

File Number(s):

2019/332472

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law Division

Citation:

[2019] NSWSC 1284

Date of Decision:

25 September 2019

Before:

McCallum J

File Number(s):

2019/38799

Judgment

1. THE COURT: This is an application for leave to appeal from orders made in the Common Law Division on 25 September 2019.

2. On 20 November 2018 the primary judge (McCallum J) heard a summons seeking leave to appeal from the Appeal Panel of the Civil and Administrative Tribunal. Pursuant to s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) such appeals are confined to questions of law and require leave. The primary judge dismissed that summons and made no orders as to costs (Corcoran v Far [2019] NSWSC 1284).

3. On 23 October 2019 the applicant filed a notice of intention to appeal. On 31 December 2019 he filed a summons seeking leave to appeal.

4. The application arises out of a tenancy dispute between the applicant and the respondent in 2016.

5. The respondent was the tenant of a two level, three-bedroom unit. The applicant responded to an advertisement on Gumtree to occupy one of the bedrooms as a subtenant on terms of “4 weeks deposit and 2 weeks rent” at $290 per week. The applicant moved into one of the bedrooms on 24 March 2016. The applicant asserted that he was promised exclusive use of the bathroom which was on the same level as his bedroom. The respondent denied ever making such…