NSW Land and Housing Corporation v Bradshaw [2020] NSWCATAP 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Bradshaw [2020] NSWCATAP 172 Hearing dates: 11 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member M Gracie, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) Set aside the orders made by the Tribunal on 29 April 2020. (4) The residential tenancy agreement between the appellant and the respondent is terminated immediately. (5) On the date of these orders the respondent is to give up possession immediately of the residential premises the subject of these proceedings to the appellant. (6) The order for possession in Order (5) is suspended for 28 days from the date of these orders. Catchwords: LEASES - residential tenancy-termination of social housing tenancy-whether termination mandatory or discretionary-fresh evidence about whether a person was an occupant of the premises and whether that person would suffer hardship if order made to terminate tenancy Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW ) Civil and Administrative Tribunal Rules 2014 (NSW ) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: NSW Land and Housing Corporation (Appellant) Tracey Lea Bradshaw (Respondent) Representation: Solicitors: R Fester, Department of Communities and Justice (Appellant) Respondent (No Appearance) File Number(s): Ap 20 /21962 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial division Citation: N/A Date of Decision: 01 May 2020 Before: K Clark, General Member File Number(s): SH/19/52450