McLean v Bridge Housing Limited [2020] NSWCATAP 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McLean v Bridge Housing Limited [2020] NSWCATAP 232 Hearing dates: 21 October 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Appeal Panel Before: S Thode, Senior Member D Robertson, Senior Member Decision: (1) Leave to appeal refused (2) Appeal dismissed. Catchwords: LEASES AND TENANCIES – residential tenancies – social housing – consent order for termination – whether consent order could be set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69; Collins v Urban [2014] NSWCATAP 17; McDonald v McDonald [2016] NSWCATAP 252 Texts Cited: None cited Category: Principal judgment Parties: Christine Miria McLean (Appellant) Bridge Housing Limited (Respondent) Representation: Solicitors: Appellant (Self Represented) S Hough (Respondent) File Number(s): AP 20/33230 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 14 April 2020 Before: M Eftimiou, Senior Member File Number(s): RT 19/55275

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 30 July 2020. 2. The application to the Tribunal was brought by Bridge Housing Limited, the landlord, against Ms McLean, the tenant. The tenant appeals against consent orders entered by the Tribunal for termination and possession in respect of social housing premises at Narrabeen. 3. For convenience we shall refer to the appellant as the tenant and to the respondent as the landlord.