Williams v Gerringong Housing Aboriginal Corporation [2022] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v Gerringong Housing Aboriginal Corporation [2022] NSWCATAP 144 Hearing dates: 2 March 2022 Date of orders: 06 May 2022 Decision date: 06 May 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member C Mulvey, Senior Member Decision: (1) The appeal is allowed. (2) The decision made on 29 October 2021 in proceedings SH 21/27228 is set aside. (3) The proceedings are remitted to the Consumer and Commercial Division to be determined by a differently constituted Tribunal upon the evidence already adduced to the Tribunal at first instance, and such further evidence as the Tribunal may allow. Catchwords: APPEALS – Constructive failure to exercise jurisdiction – Procedural fairness – Failure to take into account relevant considerations LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Availability of retaliatory notice as a defence to an application for termination based on a no grounds termination notice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 55, 80, 81. Civil and Administrative Tribunal Rules 2014 (NSW), rr 3, 25 Residential Tenancies Act 2010 (NSW), ss 84, 85, 111, 115 Residential Tenancies Regulation 2010 (NSW), cl 22 (repealed) Residential Tenancies Regulation 2019 (NSW), cl 39 Cases Cited: Camilleri v Eastlake [2018] NSWCATAP 176 Croghan v Rees [2021] NSWCATAP 328 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs (2020) 276 FCR 401; [2020] FCAFC 83 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Howard v B Miles Women's Foundation Inc [2012] NSWSC 1173 Mercieca v Fu [2017] NSWCATAP 205 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Quader v Bell [2016] NSWSC 623 Quader v Bell [2017] NSWCATAP 24 Rayner v Rayner [2020] NSWSC 1536 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Smith v Li [2020] NSWCATAP 59 Texts Cited: D C Pearce, Statutory Interpretation in Australia (9th ed, 2019, Lexis Nexis Butterworths) Category: Principal judgment Parties: Melissa Michelle Williams (Appellant) Gerringong Housing Aboriginal Corporation (Respondent) Representation: Legal Aid NSW (Appellant) RMB Lawyers (Respondent) File Number(s): 2021/00322261 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 October 2021 Before: A Nightingale, General Member File Number(s): SH 21/33684