Stiff v New South Wales Land and Housing Corporation [2014] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stiff v New South Wales Land and Housing Corporation [2014] NSWCATAP 58 Hearing dates: 2 September 2014 Decision date: 09 October 2014 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member K Rosser, Senior Member Decision: 1. The appeal is dismissed. 2. The parties are to bear their own costs. Catchwords: Termination of residential tenancy agreement on ground of supply of prohibited drug from the premises - whether Tribunal genuinely exercised discretion subsequently held to be available to it - whether it failed to take relevant considerations into account Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Australian Conservation Foundation v Forestry Commission (1988) 78 ALR 685 Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 House v R [1936] HCA 40; 55 CLR 499 Minister for Immigration and Ethnic Affairs v Maitan (1988) 78 ALR 419 New South Wales Land and Housing Corporation v Cain [2013] NSWDC 68 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action (3rd edn) Category: Principal judgment Parties: Barbara Patricia Stiff (Appellant) New South Wales Land and Housing Corporation (Respondent) Representation: L Robison (Appellant) S Gardiner (Respondent) Carters Law Firm (Appellant) Legal Services Branch, Housing NSW (Respondent) File Number(s): AP 14/46381 (AP14/0104) Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-01-22 00:00:00 Before: Consumer and Commercial Division File Number(s): SH13/37460