Robinson v St George Community Housing Limited [2021] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robinson v St George Community Housing Limited [2021] NSWCATAP 106 Hearing dates: 19 April 2021 Date of orders: 26 April 2021 Decision date: 26 April 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G Curtin SC, Senior Member Decision: 1. Appeal allowed. 2. The decision of the Tribunal is set aside, and in lieu thereof we order that the decision of the Tribunal of 10 December 2020 in proceedings SH 20/27732 is set aside. 3. Proceedings SH 20/27732 are remitted for hearing before a differently constituted Tribunal. 4. Leave is granted to the respondent to amend its Application in proceedings SH 20/27732 to include reference to a breach of cl 15 in the section "Reasons for the Order/s". 5. The Amended Application is to be lodged and served forthwith. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — social housing — termination of social housing agreements – unlawful use of premises – nuisance – interference with peace, comfort or privacy of neighbours – non-appearance of tenant at hearing – case determined in the absence of the tenant - termination order made on basis of unlawful use of premises – no findings of fact of unlawful use made – set aside application dismissed – House v R errors made in both decisions – remittal of proceedings Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 87, 91(1)(b) Civil and Administrative Tribunal Act 2013 (NSW), s 81 Civil and Administrative Tribunal Regulation 2013 (NSW), r 9(1)(b) Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 House v R (1936) 55 CLR 499; [1936] HCA 40 Texts Cited: Nil Category: Principal judgment Parties: Amanda Louise Robinson (Appellant) St George Community Housing Limited (Respondent) Representation: Appellant (Self-Represented) M Gumulia (Respondent's Team Leader) File Number(s): 2020/00056090 (AP 21/05939) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 January 2021 Before: G Ellis SC, Senior Member File Number(s): SH 20/51817