Vidler v Compass Housing Services Co Ltd [2021] NSWCATAP 284

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vidler v Compass Housing Services Co Ltd [2021] NSWCATAP 284 Hearing dates: 13 September 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member C Mulvey, Senior Member Decision: 1. Appeal upheld. 2. The decision of the Tribunal is set aside. 3. In lieu thereof the respondent's application to the Tribunal is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — social housing — termination of social housing agreements – intentional or reckless causing of serious damage – state of mind required for intentional or reckless causing of serious damage - mandatory requirement for a termination order unless a relevant person would suffer undue hardship by the making of a termination order – matters to be considered in relation to undue hardship Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), s 80(3) Civil Liability Act 2002 (NSW), s 3B(1)(a) Mental Health Act 2007 (NSW), s 15 Residential Tenancies Act 2010 (NSW), ss 90(1)(a), 154D(3)(b), 154E, 154F Cases Cited: Bidgood v NSW Land and Housing Corporation [2020] NSWCATAP 101 Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Faull v Commissioner for Social Housing for the ACT [2013] ACTSC 121 Fede v Gray by his tutor New South Wales Trustee and Guardian [2018] NSWCA 316 Keybridge Capital Ltd v WAM Active Ltd [2021] NSWCA 203 NSW Housing v Orr [2018] NSWCATAP 237 Texts Cited: Halsbury's Laws of Australia, online edition, at [130-9680] Category: Principal judgment Parties: Lisa Vidler (Appellant) Compass Housing Services Co Ltd (Respondent) Representation: Legal Aid (Appellant) E Morris (Tenant Relations Officer of the Respondent) File Number(s): 2021/00194582 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 June 2021 Before: S Hausfield, General Member File Number(s): SH 21/15532