Sinha v NSW Land and Housing Corporation [2024] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sinha v NSW Land and Housing Corporation [2024] NSWCATAP 130 Hearing dates: 12 June 2024 Date of orders: 04 July 2024 Decision date: 04 July 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member S de Jersey, Senior Member Decision: (1) The time for lodging the appeal is extended to 12 April 2024. (2) The appeal is allowed. (3) The orders made by the Tribunal on 5 March 2024 are set aside. (4) The proceedings 2023/00374552 are remitted to the Consumer and Commercial Division for hearing and redetermination by a differently constituted Tribunal on such evidence as the parties file and serve in accordance with the directions and the rules for that hearing. Catchwords: LEASES AND TENANCIES-termination of social housing tenancy agreement for breach by the tenant-s 87 of the Residential Tenancy Act 2010 (NSW)-breach of tenant's obligation to keep residential premises in a reasonable state of cleanliness -hoarding-failure to comply with orders to cleanup inside the residential premises and also areas outside the premises-whether breach, in the circumstances of the case, sufficient to justify termination-s 154E mandatory considerations-appeal from termination and possession ordered by Tribunal. APPEALS-questions of law-procedural fairness-decision made in contested matter after short hearing in group list-no previous directions for provision of evidence and submissions before hearing-additional documentary evidence relied upon by the landlord shown to tenant at, or shortly before, the hearing only-no reasonable opportunity to be heard on defence to the claim for termination-whether consideration of mandatory matters formulaic only-whether adequate reasons given for decision-materiality of errors. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 (NSW) Cases Cited: Baker v NSW Land and Housing Corporation [2016] NSWCATAP 215 Chapman v Nicolosi (No 2) [2023] NSWCATAP 73 CKG v Public Guardian [2014] NSWCATAP 32 Davis v Compass Housing Services Co Ltd [2021) NSWCATAP 178 Director General, Department of Finance and Services v Porter [2014] NSWCATAP 6 Director of Housing v Bennett (2017) VCAT 326 Hockley-Brown v Metford Road Pty Ltd t/as Morpeth Gardens Village [2023] NSWCATAP 151 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kelly v NSW Land & Housing Corporation [2018] NSWCATAP 154 King v NSW Land and Housing Corporation [2022] NSWCATAP 165 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Nathanson v Minister for Home Affairs [2022] HCA 26; 276 CLR 80 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Category: Principal judgment Parties: Desmond Sinha (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Legal Aid NSW (Appellant) Department of Communities and Justice (Respondent) File Number(s): 2024/00136886 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: 5 March 2024 Before: S Sutherland, General Member File Number(s): 2023/00374552