Scicluna v NSW Land and Housing Corporation [2008] NSWCA 277

Reported Decision: 72 NSWLR 674

New South Wales Court of Appeal

CITATION: Scicluna v NSW Land and Housing Corporation [2008] NSWCA 277

HEARING DATE(S): 20 June 2008

JUDGMENT DATE: 29 October 2008

JUDGMENT OF: Hodgson JA at 1; Basten JA at 2; Campbell JA at 39

(1) Grant leave to appeal. (2) Appeal upheld with costs. DECISION: (3) Set aside the orders of Harrison AsJ made 20 June 2008. (4) Order respondent to pay costs of the appellant of the proceedings determined by Harrison AsJ. (5) Set aside the orders of the Tribunal made 21 December 2007. (6) Remit the matter to the Tribunal to be reheard and decided in accordance with law.

CATCHWORDS: APPEALS – Right to appeal from decision of Consumer, Trader and Tenancy Tribunal – whether Tribunal has decided question with respect to a matter of law – role of s 75A of the Supreme Court Act 1970 (NSW) in respect of an appeal on a question of law – whether scope and operation of s 75A limited or excluded by s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) – whether s 67 permits Court of Appeal to determine present case or remit matter to Tribunal – whether Court of Appeal can make orders about constitution of Tribunal –Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) ss 11, 67 – Supreme court Act 1970 (NSW) s 75A - CONSUMER, TRADER AND TENANCY TRIBUNAL – Nature of power conferred on Tribunal to make order terminating residential tenancy agreement – statutory criteria needed to be satisfied to engage power – matters which Tribunal can consider in addressing statutory criteria – circumstances of tenant and other circumstances of case – Residential Tenancies Act 1987 (NSW) s 64 - RESIDENTIAL TENANCIES – Order of Tribunal terminating residential tenancy agreement – whether tenant breached agreement by permitting premises to be used for manufacture and sale of illegal drugs – where tenant blind – where tenant occupies social housing premises – Residential Tenancies Act 1987 (NSW) ss 23, 57, 64 - STATUTORY INTERPRETATION – whether scope and operation of s 75A of the Supreme Court Act 1970 (NSW) limited or excluded by s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) – "has effect subject to any Act" – Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) s 67 – Supreme court Act 1970 (NSW) s 75A - WORDS AND PHRASES – "appeal" – "effect subject to any act" – "matter of law"