Peachey v Dubbo Koorie Housing Aboriginal Corporation [2022] NSWCATAP 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peachey v Dubbo Koorie Housing Aboriginal Corporation [2022] NSWCATAP 119 Hearing dates: 13 April 2022 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Higgins, Senior Member Decision: 1. Appeal dismissed. 2. Order 4 made by the Tribunal on 21 December 2021 is set aside. 3. In lieu thereof, the order for possession is suspended until the date being 60 clear days from the date of these reasons. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — termination — discretion – no error in the exercise of the discretion – no question of principle Legislation Cited: Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW), ss 89(5), 94(4), Sch 1 cl 3 Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v R (1936) 55 CLR 499; [1936] HCA 40 Category: Principal judgment Parties: Irene Dale Peachey (Appellant) Dubbo Koorie Housing Aboriginal Corporation (Respondent) Representation: C Simpson, Tenant Representative (Appellant) L Cusack, Managing Agent (Respondent) File Number(s): 2022/00002666 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: 21 December 2021 Before: P Harris, General Member File Number(s): RT 21/48123