Hobson v New South Wales Land and Housing Corporation [2015] NSWCATAP 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hobson v New South Wales Land and Housing Corporation [2015] NSWCATAP 222 Hearing dates: 07 August 2015 Date of orders: 14 October 2015 Decision date: 14 October 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member T Simon, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. Order (3) made by the Tribunal on 15 May 2015 is set aside and in substitution the following order is made: The order for possession is suspended until 28 days from the date of this decision. 4. The balance of the decision under Appeal is confirmed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL — appeal from consent orders — grounds for setting aside consent orders — whether conduct of respondent was unconscionable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW). Residential Tenancies Act 2010 (NSW) Cases Cited: Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Commonwealth Development Bank of Australia Pty Limited & Anor v Claude George Rene Cassegrain; Gerald Cassegrain & Co Pty Limited & Ors v Commonwealth Development Bank of Australia Pty Limited & Ors [2002] NSWSC 965 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 Shelton v Phoo [2015] NSWCATAP 120 Category: Principal judgment Parties: NSW Land and Housing Corporation (Appellant) Joanne Hobson (Respondent) Representation: Mr D Baddeley, solicitor (Appellant) Ms B Anniwell of counsel (Respondent) File Number(s): AP 15/36253 Decision under appeal Court or tribunal: AP 15/36253 Jurisdiction: Consumer and Commercial Division Date of Decision: 15 May 2015 Before: J Ringrose, Member File Number(s): SH 15/31345