Gardiner v NSW Land and Housing Corporation [2024] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gardiner v NSW Land and Housing Corporation [2024] NSWCATAP 80 Hearing dates: 17 and 19 April 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The order of possession is to take effect on 11 June 2024. Catchwords: LEASES AND TENANCIES-social housing tenancy agreement-termination pursuant to s 92 of the Residential Tenancies Act 2010 (NSW)-intimidatory and abusive conduct by the tenant during a conciliation at the Tribunal-competing version of relevant events-landlord's version of events preferred-mitigating circumstances put forward by tenant concerning breaches by landlord -statutory discretion to terminate-mandatory considerations under s 154E-other relevant considerations, including gravity of conduct, absence of contrition and the tenant becoming homeless. APPEAL-various questions of law raised, including legal unreasonableness-grounds of appeal raising questions of law rejected-leave to appeal requirements for appeal from Consumer and Commercial Division of the Tribunal according to clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW)-appellant's reliance upon leave to appeal ground of new evidence not reasonably available at the time of the hearing at first instance-grounds for leave to appeal not upheld. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Collins v Urban [2014] NSWCATAP 17 House v King (1936) 55 CLR 499; [1936] HCA 40 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Category: Principal judgment Parties: Clinton John Gardiner (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Clinton John Gardiner (Self represented) NSW Land and Housing Corporation (Self represented) File Number(s): 2024/00074897 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 12 February 2024 Before: K Ross, Senior Member File Number(s): 2023/00433453