Stewart v Yarrawarra Aboriginal Corporation [2015] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stewart v Yarrawarra Aboriginal Corporation [2015] NSWCATAP 4 Hearing dates: 30 September 2014 Date of orders: 14 January 2015 Decision date: 14 January 2015 Jurisdiction: Appeal Panel Before: P Wass SC, Senior Member G Meadows, Senior Member Decision: (1) The appeal is allowed. (2) Matter is remitted to the Tribunal for hearing Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) –– exercise of discretion – appeal allowed. Category: Principal judgment Parties: Neville John Stewart (Appellant) Yarrawarra Aboriginal Corporation (Respondent) Representation: Counsel : P Batley (Appellant) J Sercombe (Respondent, agent): File Number(s): AP 14/46420 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 19 May 2014 Before: FDL Holles, General Member File Number(s): SH 14/09235

REASONS FOR DECISION 1. The appellant appeals against a decision of the Tribunal Member, terminating his residential lease. For the reasons that follow, the Appeal Panel has allowed his appeal and remitted the matter to the Tribunal Consumer and Commercial Division, Civil and Administrative Tribunal (NSW) for hearing in accordance with law.

Introduction 1. The appellant is an Aboriginal man and the tenant of premises at Unit 1, 5 Basswood Court Coffs Harbour ("the Premises"), leased under a residential tenancy agreement with the Yarrawarra Aboriginal Corporation, the respondent in these proceedings ("the Lease"). 2. Basswood Court is a cul de sac. The respondent owns Units 1 and 2. The other units in Basswood Court are believed to be privately owned. The Premises is situated at the end of a driveway that is adjacent to the southern end of Basswood Court. Unit 2 is also located there. The Premises is located nearest to the end of the driveway. 3. The appellant has been residing at the Premises since about 25 May 2012.