McGeown v NSW Land and Housing Corporation [2014] NSWCATAP 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGeown v NSW Land and Housing Corporation [2014] NSWCATAP 66 Hearing dates: 11 August 2014 Decision date: 24 October 2014 Before: Acting Judge K P O'Connor, AM, Deputy President G Meadows, Senior Member Decision: 1. The appeal is dismissed. 2. The stay of orders of 15 April 2014 is lifted. Catchwords: RESIDENTIAL TENANCY - Social Housing - tenant imprisoned for more than three months - termination application - tenancy terminated by Tribunal - orders for possession granted by Tribunal - whether Tribunal erred in law - validity of additional term requiring occupation of premises - whether Tribunal had duty to consider various circumstances - adequacy of reasons - whether it should have considered power of suspension of orders - appeal dismissed. Residential Tenancies Act 2010, s 87(4), s 87(5), s 152. Legislation Cited: Civil and Administrative Tribunal Act 2013 Housing Act 2001 Interpretation Act 1987 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd [2008] HCA 9; 232 CLR 314 Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 Deputy Commissioner of Taxation (NSW) v Mutton (1988) 79 ALR 509 Howard v B Miles Womens Foundation Inc (2012) NSWC 1173 Wainohu v New South Wales [2011] HCA 24 Texts Cited: Butt, Land Law, (5th ed) Category: Principal judgment Parties: Catherine MCGeown (Appellant) NSW Land and Housing Corporation (Respondent) Representation: N Hammond (Appellant) V McWilliam (Respondent) Marrickville Legal Centre (Appellant) Legal Services Branch, Housing NSW (Respondent) File Number(s): AP 14/46363 (Formerly AP 14/0086) Decision under appeal Jurisdiction: 150003 Citation: NSW Land and Housing Corporation v Catherine McGeown [2014] NSWCATCD 49 Date of Decision: 2014-04-15 00:00:00 Before: G A Kinsey, General Member File Number(s): SH 13/55310