Kendray v NSW Land and Housing Corporation [2020] NSWCATAP 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kendray v NSW Land and Housing Corporation [2020] NSWCATAP 281 Hearing dates: 11 December 2020 Date of orders: 11 December 2020 Decision date: 22 December 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member J McAteer, Senior Member Decision: (1) The application for an extension of time in which to appeal is dismissed; (2) The application for leave to appeal is dismissed; (3) The appeal is dismissed; (4) The stay orders of 19 October 2020 are varied as follows: (a) The order for possession made on 23 August 2020 in matter number SH20/17890 is suspended until 31 March 2021; (b) The stay of the order for possession until 31 March 2021 is conditional upon the appellant: (i) paying an any arrears of rent; and (ii) paying the rent and the occupation fee Catchwords: EXTENTION OF TIME – whether the Appeal Panel should grant an extension of time within which to appeal LEAVE TO APPEAL – whether to grant leave to appeal NEW EVIDENCE – whether to permit new evidence on appeal RESIDENTIAL TENANCY – whether the Tribunal erred in finding that s 91(1)(a) of the Residential Tenancies Act was satisfied and in ordering the termination of the tenancy Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), s 41; s 80(2)(b), clause 12(1) Schedule 4 Civil and Administrative Tribunal Rules 2015 (NSW), r 8; r 23(3)(b); r 25(4)(b) Drug Misuse and Trafficking Act 1985 (NSW) Residential Tenancies Act 2010 (NSW), s 91; s 154D(3)(b); s 154E Cases Cited: AHB v HSW Trustee and Guardian [2017] NSWCATAP 79 Aon Risk Services Australia Limited v Australian Collins v Urban (2014) NSWCATAP 17 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 House v R (1936) 55 CLR 499 National University (2009) 239 CLR 175 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kemsley v NSW Land and Housing Corporation [2020] NSWCATAP 188 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Molyneux v Chief Commissioner of State Revenue (2012] NSWADTAP 53 Tomko v Polasty (No 2) (2007) 71 NSWLR 61 Texts Cited: None Category: Principal judgment Parties: Linda Gay Kendray (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitor: Appellant (Self Represented) R Fester (Respondent) File Number(s): AP 20/43632 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 3 August 2020 Before: J Lynch, Member File Number(s): SH 20/17890