Chen v NSW Land and Housing Corporation [2020] NSWCATAP 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v NSW Land and Housing Corporation [2020] NSWCATAP 238 Hearing dates: 22 July 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member S Thode, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal dismissed. Catchwords: APPEAL – residential tenancy – social housing – mould – expert report obtained by landlord – report not provided to tenant – production on appeal under summons – whether access should be granted – whether substantial new evidence not reasonably available – whether decision not fair and equitable Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Residential Tenancies Act 2010 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Dixonbuild Pty Ltd v Adams [2020] NSWCATAP 190 Edwards v Commissioner for Fair Trading [2019] NSWCATAP 208 Jones v Dunkel (1959) 101 CLR 298 Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29 Raissis v Anaz [2019] NSWCATAP 25 TAG Aviation Pty Ltd v Kirk [2017] NSWCATAP 41 Thurston v Goway Travel Pty Limited [2020] NSWCATAP 140 ZND v ZNE [2020] NSWCATAP 34 Category: Principal judgment Parties: Kathy Chen (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Homeless Persons' Legal Service (Appellant) NSW Land & Housing (Respondent) File Number(s): AP 20/22306 Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 May 2020 Before: S De Jersey, General Member File Number(s): SH 19/56871