Tanious v NSW Land and Housing Corporation

The applicant, Mr Tanious, sought leave to appeal from a decision of the New South Wales Civil and Administrative Tribunal (NCAT) to the Court of Appeal. NCAT had confirmed a decision to remove metal coverings from the windows of Mr Tanious's residential unit, which was managed by the respondent, the NSW Land and Housing Corporation.

The central legal issue before the Court of Appeal was whether NCAT's decision involved a question of law that warranted the grant of leave to appeal. Mr Tanious contended that NCAT had erred in law in its determination.

Leeming and Payne JJA found that the issues raised by Mr Tanious did not present a question of law. Their Honours observed that the appeal concerned the application of factual findings made by NCAT to the relevant legislative provisions, rather than a dispute about the interpretation or application of the law itself. Consequently, the Court concluded that there was no question of law that warranted the grant of leave to appeal.

Accordingly, the application for leave to appeal was dismissed.