NSW Land and Housing Corp v Thurlow

The New South Wales Land and Housing Corporation (the applicant) sought leave to appeal from a decision of the Court of Appeal of New South Wales, which had set aside an order made by the Consumer, Trader and Tenancy Tribunal. The dispute concerned the Tribunal's determination of proceedings in which the applicant was involved.

The central legal issue before the Court of Appeal was whether the Tribunal, having made an order that was subsequently set aside on judicial review, was bound to rehear and determine the original proceedings according to law. The Court was required to consider the effect of setting aside a Tribunal order and the Tribunal's obligation to proceed with the matter.

The Court reasoned that when an order of a tribunal is set aside on judicial review, that order is avoided *ab initio*, meaning it is treated as if it never existed. Consequently, the proceedings in which the voided order was made were never validly determined by the Tribunal. Therefore, the Tribunal remained bound to hear and determine those proceedings according to law. The Court of Appeal's decision to set aside the Tribunal's order was upheld.

The application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs in the Court of Appeal.