Xenos v St George Community Housing [2015] NSWCATAP 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xenos v St George Community Housing [2015] NSWCATAP 273 Hearing dates: 26 June 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Appeal Panel Before: L Robberds QC, Senior Member T Simon, Senior Member Decision: (1) The appeal is allowed. (2) The orders made on 20 April 2015 are set aside. (3) The proceedings are remitted to the Consumer and Commercial Division for rehearing by a differently constituted Tribunal. (4) Each party is to pay their costs of the appeal. Catchwords: Discretion to make termination order of tenancy for breach of s 92 of Residential Tenancies Act – failure to take into account material evidence – errors in findings of fact – failure to give adequate statement of reasons – error in the exercise of discretion – decision not fair and equitable – leave to appeal Legislation Cited: Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: House v The King [1936] HCA 40 (1936) 55 CLR 499 Director General of Finance & Services v Porter [2004] NSWCATAP 6 Beale v Government Insurance Office NSW (1997) 48 NSWLR 430 Category: Principal judgment Parties: Phillip Xenos (Appellant) St George Community Housing (Respondent) Representation: Counsel: -

Solicitors: I Chatterjee (Appellant) File Number(s): AP 15/30583 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 20 April 2015 Before: J Levingston, General Member File Number(s): SH 15/09409