Rebbeck v Housing SA - [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

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.
The respondent landlord obtained an order for vacant possession…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Rebbeck v Housing SA

Details

AGLC: Rebbeck v Housing SA [2024] SASCA 86
Case: [2024] SASCA 86
Decision Date: 19 July 2024

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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