Boscolo v New South Wales Land and Housing Corporation [2025] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boscolo v New South Wales Land and Housing Corporation [2025] NSWCATAP 15 Hearing dates: 18 October 2024 Date of orders: 22 January 2025 Decision date: 22 January 2025 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member L Andelman, Senior Member Decision: (1) Application for leave to appeal the adjournment decision is refused. (2) Application for leave to appeal the termination decision is refused. (3) Appeal dismissed. (4) The stay order made on 29 May 2024 is immediately lifted. (5) Order 2 made on 14 May 2024 in proceedings 2024/00039635 is varied to be: 'The order for possession is suspended until 12 March 2025.' Catchwords: LEASES AND TENANCIES – social housing residential tenancy agreement (tenancy agreement) – termination for breach of tenancy agreement – failure to keep residential premises in a reasonable state of cleanliness – hoarding – clauses 14 and 43(1) of the tenancy agreement – whether hoarding clause is void APPEALS – adjournment of hearing – denial of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: AoN Risk Services v Australian National University [2009] HCA 27 Beaman v Commissioner of Police, NSW Police Force [2018] NSWCATAP 12 Cameron v Ozzy Tyres Pty Ltd [2016] NSWCATAP 70 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Donna O'Neil v T and I Engines Pty Ltd [2015] NSWCATAP 77 Expense Reduction Analyst Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 FAI Insurance Ltd v Winneke (1982) 151CLR 342, 360 GMI Construction Pty Ltd v Keshavarz [2024] NSWCATAP 68 Hopkins v NSW Land and Housing Corporation [2024] NSWCATAP 198 Kelly v NSW Land and Housing Corporation [2018] NSWCATAP 154 King v NSW Land and Housing Corporation [2022] NSWCATAP 165 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan 7 Naylor Parramatta Trust [2020] NSWCA 62 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 Texts Cited: None cited Category: Principal judgment Parties: Sylvia Boscolo (Appellant) New South Wales Land and Housing Corporation (Respondent) Representation: Appellant (Self- represented) Department of Communities and Justice (Respondent) File Number(s): 2024/00197705 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 14 May 2024 Before: G Ellis SC, Senior Member File Number(s): 2024/00039635