NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Housing NSW v Hamilton [2015] NSWCATAP 136 Hearing dates: 2 June 2015 Date of orders: 09 July 2015 Decision date: 09 July 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member R Titterton, Senior Member Decision: 1. Appeal Allowed. 2. Decision under appeal is set aside. 3. Matter is remitted to the NCAT constituted by a member other than the member who made the original decision, to be determined in accordance with these reasons and otherwise according to law. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL — scope of Tribunal's power to make orders under Residential Tenancies Act 2010 — parameters of "ancillary orders" under s 188(c) of Residential Tenancies Act 2010 (NSW)
WORDS AND PHRASES — meaning of word "compensation" in s 187(1)(d) of Residential Tenancies Act 2010 (NSW)
PRACTICE AND PROCEDURE — remittal of proceedings — whether Tribunal should be differently constituted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Wilson v State Rail Authority of New South Wales (2010) 78 NSWLR 70 Texts Cited: None Category: Principal judgment Parties: Housing NSW (Appellant) Anna Hamilton (Respondent) Representation: Counsel:
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