Adams v New South Wales Land & Housing Corporation [2016] NSWCATAP 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Adams v New South Wales Land & Housing Corporation [2016] NSWCATAP 31 Hearing dates: 20 April 2015 Date of orders: 09 February 2016 Decision date: 09 February 2016 Before: S Higgins, Principal Member S Thode, Senior Member Decision: 1. The appeal is allowed. 2. The decision of the Tribunal is set aside. 3. The matter is remitted for reconsideration in accordance with law and by a differently constituted Tribunal. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – internal appeal of decision to terminate a social housing tenancy agreement on grounds of a breach of the agreement – cause or permit a nuisance - cause or permit interference with the reasonable peace comfort or privacy of neighbours - appeal on a question of law – failure to take into account a relevant consideration – s 152 of the Residential Tenancies Act – failure to provide adequate reasons for decision Legislation Cited: Civil and Administrative Tribunal Act 2013 Housing Assistance Act 2007 (ACT) Residential Tenancies Act 2010 (NSW) Residential Tenancies Act 1987 (NSW repealed) Cases Cited: Adavale Realty Pty Ltd v Williams (1996) NSWRT 190 Bisley Investment Corporation v Australian Broadcasting Tribunal [1982] FCA 58 Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 40 Collins v Urban [2014] NSWCATAP 17 Commissioner for Social Housing v Radavonov [2011] ACT ACAT 12 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Elston v Dore (1982) 149 CLR 480 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Kendray v New South Wales Land and Housing [2015] NSWCATAP 139 Marsh v Baxter [2015] WASCA 169 Mc Geown v NSW Land and Housing Corporation [2015] NSWCA 23 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 O'Brien v Repatriation Commission (1984) 1 FCR 472 Stewart v Yarrawarra Aboriginal Corporation [2015] NSWCATAP 4 Swain and Anor v Residential Tenancies Tribunal of New South Wales and Anor (Unreported, NSWSC, March 1995) BC9504317 Texts Cited: (Ed Carolyn Sappideen and Prue Vines "Fleming's The Law of Torts" (10th ed. 2011, Law Book Company) Caroline Hunter, Judy Nixon and Michelle Slatter "Neighbours Behaving Badly: Anti-Social Behaviour, Property Rights and Exclusion in England and Australia" Macquarie Law Journal (2005) 5 MLJ 149 Amy M Rissman "The Price of Quiet Enjoyment" (1999) 7 APLJ 155 Category: Principal judgment Parties: Ronald Adams (appellant) New South Wales Land & Housing Corporation (respondent) Representation: Counsel: R Mansted for the appellant B Anniwell for the respondent