Claydon v NSW Land and Housing Corporation [2015] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Claydon v NSW Land and Housing Corporation [2015] NSWCATAP 192 Hearing dates: 14 July 201521 July 2015 (final written submissions) Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member S Thode, Senior Member Decision: 1. Time to file the Notice of Appeal is extended to 23 April 2015. 2. Leave to appeal is granted. 3. Appeal is allowed. 4. Decision under appeal is set aside. 5. Application made by NSW Housing to terminate the Agreement is remitted to the Consumer and Commercial Division of NCAT for determination. Catchwords: ADMINISTRATIVE LAW — appeal from Consumer and Commercial Division of NCAT — whether leave to appeal should be granted –– meaning of significant new evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29 QP v RP [2014] NSWCATAP 59 Shelton v Phoo [2015] NSWCATAP 120 Wright v Ryan & Anor [2005] NSWCA 368 Category: Principal judgment Parties: Karen Claydon (appellant) NSW Land and Housing Corporation (respondent) Representation: P Ahearn, advocate (appellant)