Shoena Middlebrook v NSW Land & Housing Corporation & Anor [2005] NSWSC 673

New South Wales Supreme Court

CITATION : Shoena Middlebrook v NSW Land & Housing Corporation & Anor [2005] NSWSC 673

HEARING DATE(S) : 7 July 2005

JUDGMENT DATE : 13 July 2005

Common Law Division JURISDICTION : Administrative Law List

JUDGMENT OF : Associate Justice Malpass at 1

DECISION : The appeal is allowed; the orders made by the Tribunal on 9 February 2005 are set aside; this decision is remitted to the Tribunal and a re-hearing of the proceedings by the Tribunal is ordered; the first defendant is to pay the costs of the summons; the exhibits may be returned.

CATCHWORDS : Termination of residential tenancy agreement - duty to provide conciliation - threshold requirements - findings to be made - circumstances of the case and special circumstances.

Consumer Trader & Tenancy Tribunal Act 2001, ss54, 65, 67, 68 LEGISLATION CITED : Residential Tenancies Act 1987, ss57, 63, 64

Shoena Annette Middlebrook (Plaintiff) PARTIES : New South Wales Land & Housing Corporation, also known as the Department of Housing (First Defendant) Consumer Trader & Tenancy Tribunal (Second Defendant)

FILE NUMBER(S) : SC 30018/05

Mr M Robinson (Plaintiff) COUNSEL : Mr A Jungwirth (First Defendant)

Legal Aid Commission of NSW (Plaintiff) New South Wales Land and Housing Corporation Solicitors (First Defendant) SOLICITORS : I V Knight Crown Solicitor (Second Defendant)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : RT 04/57740

LOWER COURT JUDICIAL OFFICER : Member J Farey

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