NSW Land and Housing Corporation v Romeyn [2015] NSWCATCD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Romeyn [2015] NSWCATCD 123 Hearing dates: 2 July 2015 Decision date: 15 October 2015 Jurisdiction: Consumer and Commercial Division Before: R C Titterton, Senior Member Decision: 1 The residential tenancy agreement between the parties dated 13 April 2005 is terminated immediately. 2 This order is suspended until 29 October 2015 3 The respondent is to give the applicant vacant possession of the premises on 29 October 2015. 4 The respondent is to pay the applicant an occupation fee of $14.11 from 29 October 2015 until the date that vacant possession is given Catchwords: Residential tenancy agreement – illegal use of premises – whether termination justified – discretionary factors Legislation Cited: Drug Misuse and Trafficking Act 1985 Residential Tenancies Act 2010 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 330 Cain v NSW Land and Housing Corporation [2014] NSWCA 28 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) ALR 449 NSW Land and Housing Corporation v Charlton [2007] NSWCTTT 161 NSW Land and Housing Corporation v Fiti [2001] NSWCTTT 243 NSW Land and Housing v Raglione [2015] NSWCATAP 75 NSW Land and Housing Corporation v Smeal [2007] NSWCTTT 611 Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant) Mr Christopher Romeyn (Respondent) Representation: Counsel: Ms B Anniwell (Applicant) Ms L Wilson (Respondent) Solicitors: Ms N Bradshaw, Redfern Legal Centre (Respondent) File Number(s): SH 14/56911 Publication restriction: Nil