Black v NSW Land and Housing Corporation [2014] NSWCATAP 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Black v NSW Land and Housing Corporation [2014] NSWCATAP 113 Hearing dates: 31 October 2014 Decision date: 23 December 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President M Harrowell, Principal Member Decision: 1.The time to file the Notice of Appeal is extended to 29 August 2014. 2.Application for leave to appeal is refused. 3.The appeal is dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL - residential tenancy agreement - whether agreement varied by later agreement allowing tenant to store goods in a storage unit - promissory estoppel - meaning of equity and good conscience clause Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Consumer Claims Act 1998 (NSW) Cases Cited: BP Refinery (Westernport) Pty Ltd v Hasting Shire (1977) 180 CLR 266 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Sue v Hill (1999) 199 CLR 462; 163 ALR 648 Sundell & Sons Pty Ltd v Emm Yannoulatos (Overseas) Pty Ltd (1955) 56 SR (NSW) Texts Cited: N C Seddon and M P Ellinghaus, Cheshire & Fifoot's Law of Contract, (9th Aust ed, 2008) Professor N Rees, Procedure and evidence in 'court substitute' Tribunals (2006) 28 Australian Bar Review 41 Category: Principal judgment Parties: Judith Black (Appellant) NSW Land and Housing Corporation (Respondent) Representation: R Walton (Respondent) R Wilkinson (Appellant) File Number(s): AP 14/46531 Publication restriction: Unrestricted Decision under appeal Jurisdiction: 150003 Citation: Not applicable Date of Decision: 2014-08-01 00:00:00 Before: G Kinsey, General Member File Number(s): SH 14/27326