Simpson v NSW Land and Housing Corporation [2016] NSWCATAP 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simpson v NSW Land and Housing Corporation [2016] NSWCATAP 8 Hearing dates: 23 December 2015 Date of orders: 07 January 2016 Decision date: 07 January 2016 Jurisdiction: Appeal Panel Before: J L Redfern, Principal Member S Thode, Senior Member Decision: 1. The application to extend time to file the appeal is refused. 2. The appeal is otherwise dismissed 3. The operation of order 2 of the decision made on 30 September 2015 in SH 14/54095 is stayed until 29 January 2016. Catchwords: APPEAL – Civil and Administrative Tribunal – termination of residential tenancy – use of premises for supply of prohibited drugs – conviction – exercise of discretion to terminate – application for an extension of time in which to file notice of appeal – significant delay – no satisfactory explanation for the length of the delay – leave to appeal required – appeal without merits – no question of principle or injustice – extension of time refused – appeal dismissed

PRACTICE AND PROCEDURE– adjournment sought on the day of the hearing – no medical evidence in support –– stay granted on basis of urgent hearing – prejudice to other party – unlikely adjournment would produce different outcome – delays in the hearing at request of appellant – appellant attended hearing – adjournment refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Drug Misuse and Trafficking Act 1985 (NSW) Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 1 Davis v NSW Land and Housing Corporation [2015] NSWCATAP 271 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 McGuiness v NSW Land and Housing [2014] NSWCATAP 98 Category: Principal judgment Parties: Amy Simpson (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Appellant, self-representation Respondent, Ms Madgwick, Counsel File Number(s): AP 15/62971 Publication restriction: NIL Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 September 2015 Before: M Eftimiou, Member File Number(s): SH 14/54095