Tanious v NSW Land and Housing Corporation (No 2)
Case
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[2017] NSWCA 66
•27 March 2017
Details
AGLC
Case
Decision Date
Tanious v NSW Land and Housing Corporation (No 2) [2017] NSWCA 66
[2017] NSWCA 66
27 March 2017
CaseChat Overview and Summary
The applicant, Mr Tanious, sought to reopen a decision of the NSW Land and Housing Corporation that had refused him leave. The matter came before the Court of Appeal of New South Wales, constituted by Leeming and Payne JJA.
The central legal issue before the Court was whether there was any basis to reopen the previous decision refusing leave.
The Court considered the principles governing applications to reopen decisions. It was held that such applications require a demonstration of a significant error or a change in circumstances. In this instance, the Court found that no such basis had been made out by the applicant. The applicant had not identified any error in the original decision, nor had any new circumstances been presented that would warrant a reconsideration.
Accordingly, the notice of motion filed on 20 March 2017 was dismissed.
The central legal issue before the Court was whether there was any basis to reopen the previous decision refusing leave.
The Court considered the principles governing applications to reopen decisions. It was held that such applications require a demonstration of a significant error or a change in circumstances. In this instance, the Court found that no such basis had been made out by the applicant. The applicant had not identified any error in the original decision, nor had any new circumstances been presented that would warrant a reconsideration.
Accordingly, the notice of motion filed on 20 March 2017 was dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Procedural Fairness
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Most Recent Citation
Tanious v NSW Land and Housing Corporation [2019] NSWSC 1694
Cases Citing This Decision
2
Tanious v NSW Land and Housing Corporation
[2020] NSWCA 35
Tanious v NSW Land and Housing Corporation
[2019] NSWSC 1694