Nolan v St George Community Housing Limited [2021] NSWCATAP 374

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nolan v St George Community Housing Limited [2021] NSWCATAP 374 Hearing dates: 7 October 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member J S Currie, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The decision of the Consumer and Commercial Division made on 8 March 2021 is set aside and the following decision substituted for it: the Application is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Social housing — Social housing tenancy agreement - Application by landlord for special performance order - Whether tenant had interfered or caused or permitted any interference with neighbour's reasonable peace, comfort or privacy Deficiencies in fact-finding process likely to have produced unfair result - No proper basis for findings as to tenant's culpability for 'causing or permitting interference' - Leave to appeal granted - Appeal allowed - New order substituted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38(4), 80(2), 81(1), Sch 4 cl 12(1)(c) Residential Tenancies Act 2010 (NSW), ss 51(1), 187(1) Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389; [1996] HCA 36 Collins v Urban [2014] NSWCATAP 17 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Category: Principal judgment Parties: Deidre Ann Nolan (Appellant) St George Community Housing Limited (Respondent) Representation: Appellant (Self Represented) M Gumulia (Acting Team Leader) (Respondent) File Number(s): 2021/00080118 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 08 March 2021 Before: G Ellis SC, Senior Member File Number(s): SH 21/00318