NSW Land and Housing Corporation v Stephen Kline [2014] NSWCATCD 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Stephen Kline [2014] NSWCATCD 210 Hearing dates: 20 October 2014 Decision date: 30 October 2014 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: The application is dismissed. Catchwords: Seriously threatened or abused; discretion Legislation Cited: Residential Tenancies Act NSW 2010 Cases Cited: Cain v NSW Land and Housing Corporation [2014] NSWCA 28 (26 February 2014) NSW Land and Housing Corporation v Evangelos Rouvinetis [2014] NSWCAT Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant) Stephen Kline (respondent) Representation: Solicitors: Mr Cureton for the applicant Legal Aid Commission of NSW for the respondent File Number(s): SH 14/18707 Publication restriction: Unrestricted

Judgment

Application 1. This is a rehearing of an application seeking termination of a social housing tenancy agreement pursuant to s 92 of the Residential Tenancies Act 2010 [the Act]. The application was lodged on 7 April 2014. It was originally heard and determined in the absence of the tenant on 22 April 2014. On that date, the Tribunal made orders terminating the tenancy agreement immediately and requiring Mr Kline [the tenant] to give vacant possession to NSW Land and Housing Corporation [the landlord] on the date of termination. 2. The tenant appealed the Tribunal's decision. On 24 July 2014, the Appeal Panel allowed the appeal and remitted the proceedings to the Consumer and Commercial Division for rehearing. The Appeal Panel's reasons for decision were published on 12 August 2014. 3. The matter came before the Tribunal for directions on 6 August 2014. Directions were made for the filing and serving of evidence and submissions. There was a failure to comply with these directions, with the landlord filing the bundle of documents on which it intended to rely at the hearing on 15 October 2014, rather than on 22 August 2014 as directed. The tenant filed and served documents on the same date, rather than on 30 September 2014. Contrary to the Tribunal's directions, neither party filed submissions prior to the hearing. 4. The parties nevertheless advised that they were ready to proceed with the hearing. Mr O'Connor appeared for the landlord and Ms McWilliam appeared for the tenant.