Makowska v St George Community Housing Ltd

The applicant, Ms Makowska, sought judicial review of a decision made by St George Community Housing Ltd. The dispute concerned the applicant's tenancy and the respondent's obligations as a concurrent lessee. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the respondent had committed a jurisdictional error or an error of law on the face of the record, and whether, in any event, relief should be refused on discretionary grounds. This latter issue arose due to the applicant's failure to avail herself of a statutory right of appeal and her lack of a satisfactory explanation for this omission, which also appeared to avoid the need to obtain leave to appeal.

The Court of Appeal found that no jurisdictional error or error of law on the face of the record had been demonstrated by the applicant. Furthermore, the Court considered the discretionary factors relevant to the grant of relief. It noted the applicant's failure to pursue the statutory appeal route and the absence of a satisfactory explanation for this course of action. The Court concluded that, in these circumstances, it was not appropriate to grant the relief sought.

Accordingly, the summons dated 27 July 2021 was dismissed with costs.