NSW Land and Housing Corporation; v Evangelos Rouvinetis [2014] NSWCATCD 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation; v Evangelos Rouvinetis [2014] NSWCATCD 253 Hearing dates: 25 September 2014 Date of orders: 17 October 2014 Decision date: 17 October 2014 Jurisdiction: Consumer and Commercial Division Before: S Corley, General Member Decision: 1. The application for termination of the tenancy agreement is not granted. 2. The tenant is to comply with the conditions of his residential tenancy agreement. 3. The tenant shall not use threatening or abusive words or behaviour towards the landlord, the landlord's agent or any contractor engaged by the landlord. 4. If the above orders are not complied with then at any time before 16 October 2015 the applicant may request the relisting of this matter to determine if the tenancy should be terminated. Catchwords: Threaten, abuse, intimidate, contractor Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Tribunal Act 2013 Cases Cited: Cain v NSW Land and Housing Corporation [2014] NSWCA 28 (26 February 2014) Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant), Evangelos Rouvinetis (Respondent) Representation: Ms S Hook an employee of the applicant Mr Rouvinetis in person File Number(s): SH 14/40529

reasons for decision THE APPLICATION 1. This application was lodged on 13 August 2014 by the NSW Land and Housing Corporation ("Housing NSW") the owner of residential property occupied under a residential tenancy agreement by Mr Rouvinetis ("the Tenant"). 2. The application form records that a number of different orders are sought, including a termination order pursuant to section 92 of the Residential Tenancies Act 2010 ("RTA"), an order that restrains any action in breach of the residential tenancy agreement (s 187(1)(a) RTA) and an order requiring the tenant to remedy a breach of the tenancy agreement. 3. The matter was first listed on 1 September 2014. Ms Hook attended for the applicant and Mr Rouvinetis appeared in person. Orders were made requiring both parties to file and serve their evidence prior to a formal hearing. Leave was granted for the Tenant to be represented by a tenant's advisor or advocate. 4. Housing NSW and the Tenant filed documents in accordance with these directions. 5. This matter was listed for hearing before me on 25 September 2014. Ms Hook attended for Housing NSW and Mr Rouvinetis appeared in person. 6. At the commencement of the hearing the Tenant was agitated and spoke loudly and aggressively challenging the fact that Ms Hook appeared for the applicant and also challenging the jurisdiction of NCAT to hear this matter. The Tenant submitted that Ms Hook is a lawyer and that she should not be allowed to represent Housing NSW when he had not been able to secure legal representation. 7. The Tribunal established that Ms Hook has no legal qualifications although she is employed in the Legal Services Division of Housing NSW. It was also pointed out to the Tenant that he was previously given leave to have representation at the Tribunal hearing and that he should have arranged this in advance of the hearing. 8. It was suggested by Housing NSW that the Tenant had previously been assisted by the Older Persons Legal Service, however, this support had been withdrawn from the Tenant. The Tenant confirmed that he was not able to secure a lawyer to attend at the Tribunal on his behalf. 9. The applicant was prepared to proceed today and had its witnesses in attendance. Bearing in mind the guiding principle to be applied in NCAT proceedings, which is to facilitate the just, quick and cheap resolution of the real issues in dispute (s 36 Civil and Administrative Tribunal Act 2013) I concluded that it was fair in the circumstances to proceed with the hearing.