McGeown v NSW Land and Housing Corporation [2015] NSWCA 23

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McGeown v NSW Land and Housing Corporation [2015] NSWCA 23 Hearing dates: 12 February 2015 Decision date: 23 February 2015 Before: McColl JA at [1]; Macfarlan JA at [2]; Sackville AJA at [3] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. 3. The applicant pay the respondent's (Corporation's) costs of the appeal, including the costs of the application for leave to appeal. Catchwords: LANDLORD AND TENANT - residential tenancy agreement - public housing - tenant convicted and sentenced to a term of two years and three months imprisonment - after eight months landlord serves a notice of termination of the agreement on the ground that the tenant had ceased "personally to occupy" the premises - whether Appeal Panel erred in holding that the tenant breached the residential tenancy agreement by ceasing personally to occupy the premises Legislation Cited: Australian Consumer Law 2010

Civil and Administrative Tribunal Act 2013 (NSW) Housing Act 2001 (NSW) Residential Tenancies Act 1987 (NSW) (repealed) Residential Tenancies Act 2010 (NSW) Supreme Court Act 1970 (NSW)

Residential Tenancies (Residential Premises) Regulation 1995 (NSW) (repealed) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10; 222 CLR 241 Blood-Smyth v Carter [1965] NSWR 946 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 McGeown v NSW Land and Housing Corporation [2014] NSWCATAP 66 Morrisby v Winter [1946] VLR 471 NSW Land and Housing Corporation v McGeown [2014] NSWCATCD 49 The Queen v The Assessment Committee of St Pancras (1877) 2 QBD 581 Texts Cited: JW Carter, The Construction of Commercial Contracts (2012, Hart Publishing) Shorter Oxford Dictionary Category: Principal judgment Parties: Catherine McGeown (Applicant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: M Robinson SC/L Robison(Applicant) Ms V McWilliam/Ms B Anniwell (Respondent)