NSW Land & Housing Corporation v Chadwick [2023] NSWCATCD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land & Housing Corporation v Chadwick [2023] NSWCATCD 11 Hearing dates: 9 January 2023 Date of orders: 16 January 2023 Decision date: 16 January 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) The name of the respondent is amended to Sandra-Anne Ngaone Chadwick. (2) The application for termination and possession is dismissed. (3) If the respondent seeks a cost order submissions should be filed and served by 27 January 2023. (4) Submissions in reply should be filed and served by 10 February 2023. (5) Submissions must address whether a hearing of the cost application can be dispensed with. Catchwords: LANDLORD & TENANT: Termination on eligibility ground – found that process in s 145 not followed – where tenant argues an estoppel by representation -estoppel not found Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Wykes v Samilk Pty Ltd (1998) Aust Contract R 90-097; (1998) NSW ConvR 55-871 Parslow v NSW Land & Housing Corporation; NSW Land & Housing Corporation v Parslow [2018] NSWSC 843 Category: Principal judgment Parties: NSW Land & Housing Corporation (Applicant) Sandra-Anne Ngaone Chadwick (Respondent) Representation: Counsel: N Gollan (Applicant) M Dalhunty (Respondent)

Solicitors: Crown Solicitors Office (Applicant) File Number(s): SH 22/39029 Publication restriction: Unrestricted