Whitehead v Anglicare Community Services [2023] NSWSC 614

Supreme Court New South Wales

Medium Neutral Citation: Whitehead v Anglicare Community Services [2023] NSWSC 614 Hearing dates: 24 March 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Grant leave to appeal from the decision of the Appeal Panel of the Civil and Administrative Tribunal of 5 July 2022; (2) Appeal dismissed; (3) The plaintiff to pay the defendant's costs of the proceedings in this Court. Catchwords: APPEALS — review of appeal panel decision of NCAT — residential tenancy — termination of tenancy — whether there was a denial of procedural fairness — construction of letter comprising part of the residential tenancy agreement — whether tenancy could be terminated by notice or was indefinite — whether termination notice was retaliatory Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW), s 83 Residential Tenancies Act 2010 (NSW), ss 15, 81, 85, 115 Retirement Villages Act 1999 (NSW) Cases Cited: Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 59 ALJR 481 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Category: Principal judgment Parties: Merill Whitehead (Plaintiff) Anglicare Community Services (Defendant) Representation: Solicitors: Plaintiff in person Shohmelian Legal (Defendant) File Number(s): 2022/221608 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Appeal Panel Date of Decision: 05 July 2022 Before: Deputy President Westgarth Principal Member Suthers File Number(s): 2022/00130952