New South Wales Land and Housing Corporation v Navazi

The New South Wales Land and Housing Corporation appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court that had quashed a decision to cancel Mr Navazi's rental rebate retrospectively. The dispute concerned the validity of the Corporation's decision to cancel the rebate, which was based on an investigation into Mr Navazi's eligibility.

The primary legal issues before the Court of Appeal were whether the investigation conducted by the Corporation under section 58 of the *Housing Act 2001* (NSW) was adequate, and whether the Corporation had erred in its consideration of relevant factors, specifically Mr Navazi's weekly income and his ownership of other residential property. The Court also considered the construction of the relevant Ministerial policy and the application of the *Carltonta* principle concerning delegation of authority.

The Court of Appeal found that the investigation conducted by the Corporation was sufficient for the purposes of section 58 of the *Housing Act 2001* (NSW). It held that the Act did not mandate a specific form of investigation, and that the Corporation was entitled to rely on information regarding Mr Navazi's ownership of other residential property, even if it did not have regard to his weekly income in the manner Mr Navazi contended. The Court determined that the Corporation's decision was authorised under the Act, including by way of delegation, and that the Ministerial policy had been correctly construed and applied.

Consequently, the Court of Appeal allowed the Corporation's appeal, set aside the Supreme Court's orders, and dismissed Mr Navazi's amended summons. Mr Navazi was ordered to pay the Corporation's costs at first instance and on appeal.