NSW Land and Housing Corporation v McCallum [2021] NSWCATAP 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v McCallum [2021] NSWCATAP 79 Hearing dates: 2 February 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Appeal Panel Before: A D Suthers, Principal Member J S Currie, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEALS – residential tenancy – whether error of law in Tribunal's application of Residential Tenancies Act 2010 (NSW), ss 154D(3) and 154D – meaning of "exceptional circumstances" – no error of law –conclusion of Tribunal below that exceptional circumstances existed not unfair or inequitable. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Brutus v Cozens [1973] AC 854 Carr v NSW Land and Housing Corporation [2019] NSWCATAP 144 Collector of Customs v Agfa-Gavaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Hope v Bathurst City Council [1980] HCA 16; 144 CLR 1 New South Wales Associated Blue Metal Quarries Ltd v Commissioner of Taxation [1956] HCA 20; 94 CLR 509 Ritson v Leighton [2015] NSWCA 62 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: Nil Category: Principal judgment Parties: NSW Land and Housing Corporation (Appellant) David McCallum (Respondent) Representation: Solicitors: R Fester, Solicitor (NSW Land and Housing Corporation) (Appellant) Respondent (Self-Represented) File Number(s): 2020/00371123 (AP 20/45052) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 06 October 2020 Before: G K Burton SC, Senior Member File Number(s): SH 20/21303