Bell v NSW Land and Housing Corporation [2021] NSWCATAP 416

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bell v NSW Land and Housing Corporation [2021] NSWCATAP 416 Hearing dates: 8 November 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Ziegler, Senior Member Decision: (1) The appeal is allowed. (2) The order made by the Tribunal on 25 August 2021 in SH21/33546 is set aside. (3) Time for lodgement of the application for set aside in SH 21/33546 is extended to 4 August 2021. (4) The orders of the Tribunal made on 16 July 2021 in SH21/13030 are set aside. (5) SH21/13030 is to be reconsidered by the Tribunal, differently constituted, with leave for the parties to adduce such further evidence as the Tribunal thinks fit. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – set aside application – termination application under s 91(1)(a) Residential Tenancies Act 2010 – social housing tenancy – evidence as to undue hardship and disability – evidence as to tenant's knowledge of the presence of drugs – vicarious liability – failure to take account of relevant considerations – whether to remit proceedings to the Consumer and Commercial Division or substitute decision of the Appeal Panel – whether to extend time for lodgement of set aside application. Legislation Cited: Anti-Discrimination Act (NSW) 1977 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 Carr v NSW Land and Housing Corporation [2019] NSWCATAP 144 Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Hall v NSW Land & Housing Corporation [2018] NSWCATAP 257 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Jackson v NSW Land and Housing Corporation [2014] NSW CATAP 22 Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Oppidan Homes Pty Ltd v Baldwin and Granofsky [2016] NSWCATAP 109 Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rowland v NSW Land and Housing Corporation [2020] NSWCATAP 139 Category: Principal judgment Parties: Jazmine Margaret Bell (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitor: Eastern Area Tenant's Service (Appellant) G Faramarzi (Respondent) File Number(s): 2021/245321 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 August 2021 Before: D. Ash, General Member File Number(s): SH 21/33546