Smith, Gregory v NSW Housing and Land Corporation [2015] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith, Gregory v NSW Housing and Land Corporation [2015] NSWCATAP 255 Hearing dates: 16 October 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member D Goldstein, Senior Member Decision: Appeal dismissed Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – residential tenancy dispute – urgent telephone hearing – procedural fairness – inability to cross examine witnesses – whether Briginshaw standard of proof applies – whether no evidence to support findings of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Cheung v Yang [2013] NSWSC 1694 Collins v Urban [2014] NSWCATAP 17 Raslan v Pan [2015] NSWCATAP 12 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) CLR 1 Sullivan v Civil Aviation Safety Authority [2013] FCAFC 93 Category: Principal judgment Parties: Gregory Smith (Appellant) NSW Housing and Land Corporation (Respondent) Representation: Ms Howley, Illawarra Legal Centre -Tenants Service (Appellant) Mr B Spackman (Respondent) File Number(s): AP 15/54497 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 21 September 2015 Before: C Bradford, Member File Number(s): SH 15/47071