NSW Land and Housing Corporation v Kumar [2015] NSWCATCD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Kumar [2015] NSWCATCD 111 Hearing dates: 30 July 2015 Decision date: 15 September 2015 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: 1. The residential tenancy agreement between the parties for the respondent to occupy the applicant's premises at 2/3 Queen Street, Auburn NSW is terminated.

2. The respondent must give possession of the premises to the applicant immediately.

3. If the respondent does not comply with order 2, the respondent must pay to the applicant an occupation to be calculated in accordance with s 123(2) of the Residential Tenancies Act 2010.

4. Within 60 days of obtaining possession, the applicant can relist the application to determine the amount of the occupation fee owing. Catchwords: USE OF RESIDENTIAL PREMISES FOR UNLAWFUL PURPOSES - illicit drug use by tenant, occupiers and visitors - goods in custody - possession of prescribed restricted substances - military ammunition on premises - termination of residential tenancy agreement, Legislation Cited: Residential Tenancies Act 2010 Drug Misuse and Trafficking Act 1985 Crimes Act 1900 Poisons and Therapeutic Goods Act 1966 Crimes (Sentencing Procedure) Act 1999 Cases Cited: NSW Land & Housing Corporation v Raglione [2015] NSWCATAP 75 Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant) Priti Pritika Kumar (Respondent) Representation: Mr Pablo Marquez (Applicant) No Appearance (Respondent) File Number(s): SH 15/11097 Publication restriction: Nil