Bidgood v NSW Land and Housing Corporation [2020] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bidgood v NSW Land and Housing Corporation [2020] NSWCATAP 101 Hearing dates: 25 March 2020 Date of orders: 02 June 2020 Decision date: 02 June 2020 Jurisdiction: Appeal Panel Before: A Suthers Principal Member S Thode Senior Member Decision: (1) The Appeal is allowed. (2) Orders one to five made on 3 December 2019 in SH 19/34828 are set aside. (3) The application is remitted to the Consumer Commercial Division for determination according to law and in accordance with any Direction the Tribunal may make. Catchwords: APPEAL – Residential Tenancy – Error of law – Proper application of s 91(1)(b) Residential Tenancies Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17; Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22; Orr v NSW Land and Housing Corporation [2018] NSWCATAP 23; New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; Texts Cited: None cited Category: Principal judgment Parties: Karen Bidgood (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: B Fogarty (Applicant)

Solicitors: Legal Aid NSW (Applicant) NSW Land and Housing Corporation (Respondent) File Number(s): AP 20/00783 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 December 2019 Before: K Ruschen, General Member File Number(s): SH 19/34828