Ferguson v Mission Australia [2024] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ferguson v Mission Australia [2024] NSWCATAP 183 Hearing dates: 4 September 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Appeal Panel Before: D Ziegler, Senior Member J McAteer, Senior Member Decision: (1) Time for filing the appeal is extended to 5 July 2024. (2) Leave to appeal is refused. (3) The appeal is dismissed. (4) In respect of the decision made on 20 June 2024 in 2023/370902, the operation of the order for possession is suspended until 14 days from the date of this order. Catchwords: APPEALS – procedural fairness – whether decision against the weight of evidence – new evidence. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) (the RT Act) Cases Cited: Claydon v NSW Land and Housing Corporation [2015] NSWCATAP 192 Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; (1936) 55 CLR 499 Italiano v Carbone & Ors [2005] NSWCA 177 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Sullivan v Department of Transport [1978] FCA 48; (1978) 20 ALR 323 The Owners-Strata Plan No 53865 v JPG Investments Pty Ltd [2024] NSWCATAP 12 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Williams v NSW Land and Housing Corporation [2012] NSWSC 102 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Sarah Ferguson (Appellant) Mission Australia (Respondent) Representation: B Webb, Northern NSW Aboriginal Tenants' Advice Service (Appellant) L Kinchela, Housing Officer (Respondent) File Number(s): 2024/00247701 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 20 June 2024 Before: M Eftimiou, General Member File Number(s): 2023/0037092