Higgins v NSW Land and Housing Corporation [2022] NSWCATAP 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Higgins v NSW Land and Housing Corporation [2022] NSWCATAP 199 Hearing dates: 25 May 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Ziegler, Senior Member Decision: (1) Leave to appeal is granted. (2) Appeal is allowed. (3) Set aside the orders of the Tribunal in SH 21/36517 made on 8 March 2022 and in lieu thereof order that the Respondent's application be dismissed. Catchwords: APPEAL – PRACTICE AND PROCEDURE – evidence – whether the standard in Briginshaw v Briginshaw (1938) 60 CLR 336 supplemented by s 140 of the Evidence Act 1995 (NSW) applies to the fact finding of the Tribunal - residential tenancy – finding that the tenant, who is not a qualified electrician, caused a fire by illegally installing a power point – whether there was no evidence to justify such finding – whether such finding was unreasonable or illogical – whether leave to appeal should be granted – whether the finding of the Tribunal was against the weight of the evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Australian Information Commissioner v Facebook [2020] FCA 1307 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Collins v Urban [2014] NSWCATAP 17 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Coulton v Holcombe (1986) 162 CLR 1 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281 Karakatsanis v Racing Victoria Ltd (2013) 42 VR 176, [2013] VSCA 305 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Kyriackou v Law Institute of Victoria Ltd (2014) 45 VR 540, [2014] VSCA 322 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Seltsam Pty Ltd v McGuinness (2000) 49 NSWLR 262 Shaw v Wolf (1998) 83 FCR 113 at 123-5 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555, [2014] FCAFC 93 Suttor v Gundowda Pty Ltd [1950] HCA 35 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: None cited Category: Principal judgment Parties: Mark Higgins (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Legal Aid NSW (Appellant) NSW Department Community and Justice (Respondent) File Number(s): 2022/00082245 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 March 2022 Before: G Towney, Tribunal Member File Number(s): SH 21/36517