Tattersall v NSW Land and Housing Corporation [2020] NSWCATAP 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tattersall v NSW Land and Housing Corporation [2020] NSWCATAP 220 Hearing dates: 15 October 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President T Simon, Principal Member Decision: (1) The appeal is allowed and the orders made 25 June 2020 are set aside. (2) The proceedings are remitted to the Tribunal for rehearing by a differently constituted Tribunal. (3) The following directions are made in the remitted proceedings: (a) Within 14 days from the date of these orders the applicant (NSW Land and Housing Corporation) is to file and serve any further evidence in support of its application. (b) Within 28 days from the date of these orders the respondent (Tattersall) is to file and serve any evidence in reply. (c) Evidence from witnesses must be in the form of a signed written statement or statutory declaration. (d) All evidence must be provided to the Tribunal in hard copy (paper form) with photographs printed in colour. (e) The parties may not rely on evidence served after the date of these orders without leave of the Tribunal. (f) The proceedings are to be listed for hearing on a date fixed by the Registrar, such date to be not later than 42 days after the date of these orders. Catchwords: LAND LAW – termination of residential tenancy agreement – failure to consider relevant evidence – miscarriage of discretion. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Cases Cited: House v King [1936] HCA 40; (1936) 55 CLR 499 Texts Cited: Nil Category: Principal judgment Parties: Nathan Tattersall (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Appellant (Self Represented) R Fester, Solicitor (Respondent) File Number(s): AP 20/31119 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of NSW Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 June 2020 Before: A Halstead, General Member File Number(s): SH 20/17163