Emmerson v Mission Australia - Mid North Coast [2024] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Emmerson v Mission Australia - Mid North Coast [2024] NSWCATAP 256 Hearing dates: 28 November 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J Gatland, Senior Member Decision: 1) An extension of time is granted until 7 November 2024 to lodge the appeal. 2) The appeal is allowed. 3) The orders made by the Tribunal on 24 June 2024 are set aside. 4) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal 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 APPEALS – application for extension of time to appeal not opposed APPEALS – question of law raised – adequacy of reasons APPEALS – circumstances warranting remittal for redetermination Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Residential Tenancies Act 2010 (NSW) Cases Cited: Beale v Government Insurance Office (1997) 48 NSWLR 430 Briggs v State of New South Wales [2005] NSWCA 444 Briginshaw v Briginshaw (1938) 60 CLR 336 Chapman v Nicolosi (No 2) [2023] NSWCATAP 73 Collins v Urban [2014] NSWCAP 17 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 Jeremiasse v Shaw [2021] NSWCATAP 394 Kelly v NSW Land & Housing Corporation [2018] NSWCATAP 154 King v NSW Land and Housing Corporation [2022] NSWCATAP 165 PDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Mifsud v Campbell (1991) 21 NSWLR 725 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578 Perkins v County Court of Victoria (2000) 2 VR 246 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 Sinha v NSW Land and Housing Corporation [2024] NSWCATAP 130 Wootten v Simmons [2022] NSWCATAP 21 Shojai v INA Operations Pty Ltd ATF INA Operations Trust #6 [2023] NSWCATAP 309 Soulemezis -v- Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Brittani-Leigh Emmerson (Appellant) Mission Australia - Mid North Coast (Respondent) Representation: Solicitors: Legal Aid NSW (Appellant) Mission Australia Housing (Respondent) File Number(s): 2024/00412765 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: 24 June 2024 Before: K Mortensen, General Member File Number(s): 2023/00388447 (SH 23/28970)