New South Wales Land and Housing Corporation v Hamilton [2015] NSWCATAP 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New South Wales Land and Housing Corporation v Hamilton [2015] NSWCATAP 96 Hearing dates: 1 May 2015 Date of orders: 01 May 2015 Decision date: 22 May 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member R Titterton, Senior Member Decision: The stay of the decision under appeal is extended until the resolution of the Appeal. Catchwords: Practice and Procedure — stay of the decision under appeal — factors relevant to exercise of the power to stay decision under appeal — extension of stay granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Texts Cited: N/A Category: Procedural and other rulings Parties: NSW Land and Housing Corporation (Appellant) A Hamiton (Respondent) Representation: Counsel: Ms V McWilliam (Appellant)

A Hamilton (Respondent) File Number(s): AP 15/14522 Publication restriction: None Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 27 February 2015 Before: M Cohen (Member) File Number(s): SH 14/43380

REASONS FOR DECISION 1. Ms Anna Hamilton resides in "social housing premises" provided by the NSW Land and Housing Corporation (NSW Housing) in the inner city of Sydney. For a number of years, she has complained that neighbouring tenants have interfered with her right to "quiet enjoyment". She believes the behaviour of those tenants places her personal safety at risk. 2. Following an application made by Ms Hamilton in March 2015, the Consumer and Commercial Division of the New South Wales Civil and Administrative Tribunal (NCAT) made orders requiring NSW Housing to, among other things, take all reasonable steps to relocate Ms Hamilton to alternative accommodation (the relocation order). NSW Housing has appealed that decision, asserting that the Tribunal lacked the power to make that order. NSW Housing also applied for a stay of the decision under appeal. Ms Hamilton opposed that application. 3. Shortly after the filing of the appeal, an Appeal Panel (differently constituted) decided to stay the operation of the decision under appeal until 1 May 2015. At a hearing on that day, we decided to continue the stay and gave reasons for that decision. What follows is an edited version of those reasons.