NSW Land & Housing Corporation v John Raglione [2015] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land & Housing Corporation v John Raglione [2015] NSWCATAP 75 Hearing dates: 17 February 2015 Date of orders: 05 May 2015 Decision date: 05 May 2015 Jurisdiction: Appeal Panel Before: Hon G Mullane – Principal Member Ms C Paull – General Member Decision: The appeal is allowed and the orders of the Consumer and Commercial Division of the Tribunal made on 19 August 2014 in proceedings SH14/08653 between the parties are set aside. The residential tenancy agreement between the parties for the Respondent to occupy the Appellant's premises known as 1108/149 Cope Street, Waterloo NSW is terminated. The Respondent John Raglione must give possession of the premises to the Appellant immediately. If the Respondent does not comply immediately with order 3 he must pay the Appellant an occupation fee calculated in accordance with section 123(2) of the Residential Tenancies Act 2010. Catchwords: Use of leased premises for unlawful purpose - Supply of drugs and Drug house - Termination of lease by Tribunal. Legislation Cited: Residential Tenancies Act, 2010; Civil and Administrative Tribunal Act, 2013; Drug Misuse and Trafficking Act 1985 Cases Cited: Australian Broadcasting Tribunal –v- Bond [1990] HCA 33;Gedeon v Commissioner of the NSW Crime Commission [2008] HCA 43; R v Knight, Brian and Knight, Kevin [2008] NSWDC 135; R v Kym Bradley Vermuelen (unreported), NSWCCA 30; R v Bittar, Louise [2010] NSWDC 263 Texts Cited: Nil Category: Principal judgment Parties: Appellant: NSW Land & Housing Corporation Respondent: John Raglione Representation: Counsel: Appellant: Ms B Anniwell, 7th Floor, Wentworth/ Selborne Chambers