Rebbeck v Housing SA

Case [2024] SASCA 86


SUPREME COURT OF SOUTH AUSTRALIA

(Court of Appeal: Civil)

REBBECK v HOUSING SA

[2024] SASCA 86

Judgment of the Honourable Acting Chief Justice Livesey  (ex tempore)

19 July 2024

ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

SOCIAL WELFARE - HOUSING SCHEMES - PUBLIC HOUSING

The applicant seeks leave to appeal from a decision by a Deputy President of the South Australian Civil and Administrative Tribunal (the Tribunal) affirming an order for vacant possession of the rental property in which the applicant was residing after a fixed term tenancy agreement had expired, pursuant to s 93 of the Residential Tenancies Act 1995 (SA).

The applicant filed a Notice of Appeal. The Notice of Appeal did not identify what arguable error was made by the Tribunal. The applicant was directed to identify any error and amend his notice. The applicant was unable to do so, nor explain why the application for review before the Deputy President should not have been dismissed.

Held - striking out the Notice of Appeal:

1. Like all litigants before the Court of Appeal, unrepresented litigants must comply with the Rules of the Court. That is particularly important where substantial compliance would ensure that a respondent is given procedural fairness.

2.The conduct of the appellate proceeding must be fair to all parties before the Court. Whilst the Court will endeavour to afford a fair hearing, and give an unrepresented litigant assistance with the legal issues so as to avoid misunderstanding and unfairness, that assistance cannot extend to advising the litigant or compromising the neutrality of the Court.

3. In this case, the Notice of Appeal did not identify any arguable error, nor any reasonably arguable order that might be made on appeal. As a result, the respondent did not know what case it was required to meet. It is not appropriate to expend the limited resources of this Court in a search for arguable appeal grounds and orders.

4. In circumstances where there has been a fundamental failure by the applicant to comply with the Rules of Court, it is appropriate that the Notice of Appeal be struck out pursuant to r 212.5(2)(b) of the Uniform Civil Rules 2020 (SA).

Residential Tenancies Act 1995 (SA) s 93; South Australian Civil and Administrative Tribunal Act 2013 (SA) s 71; South Australian Housing Trust Act 1995 (SA) Part 3A; Uniform Civil Rules 2020 (SA) rr 212.3, 212.5, referred to.
Franklin v South Australian Housing Authority [2024] SASCA 3; Gassy v The King [2023] SASCA 90; Martincic & Anor v Ethnic Broadcasters Inc [2024] SASCA 33; Myers v South Australian Housing Authority [2022] SASCA 30, considered.

REBBECK v HOUSING SA

[2024] SASCA 86

Court of Appeal – Civil

LIVESEY A/CJ (ex tempore):

Introduction

  1. This is an application for leave to appeal against an order made by the South Australian Civil and Administrative Tribunal (the Tribunal) on 16 May 2024. 

  2. The respondent landlord obtained an order for vacant possession…

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AGLC
Rebbeck v Housing SA [2024] SASCA 86
Case
[2024] SASCA 86
Decision Date

CaseChat Overview and Summary

The applicant, Rebbeck, appealed a decision of the South Australian Civil and Administrative Tribunal (SACAT) concerning public housing. The respondent was Housing SA. The appeal was heard by the Supreme Court of South Australia.

The central legal issue before the Court was whether the Notice of Appeal should be struck out due to the applicant's fundamental failure to comply with the Uniform Civil Rules 2020 (SA).

The Court reasoned that a fundamental failure to comply with the Rules of Court warranted striking out the Notice of Appeal. Applying rule 212.5(2)(b) of the Uniform Civil Rules 2020 (SA), the Court found it appropriate to take this course of action.

The Court ordered that the Notice of Appeal dated 14 June 2024 be struck out.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

In circumstances where there has been a fundamental failure by the applicant to comply with the Rules of Court, it is appropriate that the Notice of Appeal be struck out pursuant to r 212.5(2)(b) of the Uniform Civil Rules 2020 (SA).Conclusion The Court orders that the Notice of Appeal dated 14 June 2024 be struck out.

Ratio Decidendi

Legal Principle Established

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