Roberson v New South Wales Land and Housing Corporation [2021] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberson v New South Wales Land and Housing Corporation [2021] NSWCATAP 94 Hearing dates: 24 March 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J McAteer, Senior Member Decision: 1. Orders 1-4 inclusive made on 23 November 2020 in application SH 19/33771 are set aside. 2. In lieu thereof, the following orders are made: 1. The application for termination of the residential tenancy agreement is dismissed. 2. Julie Roberson is to perform the residential tenancy agreement dated 27 February 2019 in that: 1. she is not to use, cause or permit the residential premises to be used for any illegal purpose in relation to the supply or consumption of drugs; and 2. she is not to permit persons on the residential premises who might engage in such activities in or around the premises and thereby create a nuisance or interfere with the reasonable peace, comfort and privacy of other neighbours. Catchwords: LANDLORD AND TENANT – Residential Tenancies Agreement 2010 – termination under s 91(1)(a) – use of the premises for illegal purposes – operation of s 154D – mandatory termination unless undue hardship – application of s 154D(3)(b) – leave to appeal finding that no undue hardship – discretion to terminate – application of s 154E and consideration of other relevant factors in exercise of discretion Legislation Cited: Anti-Discrimination Act 1997 (Cth) Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; (2019) 100 NSWLR 578 Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237 Texts Cited: Nil Category: Principal judgment Parties: Julie Roberson (Appellant) New South Wales Land and Housing Corporation (Respondent) Representation: Counsel: P Batley (Appellant) R Fester (Solicitor) (Respondent)