Lindsay v NSW Land and Housing Corporation [2016] NSWCATAP 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lindsay v NSW Land and Housing Corporation [2016] NSWCATAP 128 Hearing dates: 4 March 2016 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member T Simon, Senior Member Decision: (1) The appeal is allowed (2) The orders made on 12 November 2015 are set aside (3) The proceedings are remitted to the Consumer and Commercial Division for rehearing by a differently constituted Tribunal. Catchwords: Error of law, leave, Residential Tenancy, s91, meaning of serious, meaning of intentional, against the weight of evidence, exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act NSW 2010 Cases Cited: Bridge Housing Limited v Jules Cure [2015] NSWCATCD 39 Chi Building Pty Ltd v Wedgewood [2016] NSWCATAP 64 Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Collins v Urban [2014] NSWCATAP Geoffrey William Vines v Australian Securities and Investment Commission [2007] NSWCA 126 House v The King [1936] HCA 40 (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing Corporation v Stephen Kline [2014] NSWCATCD 210 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Xenos v St George Community Housing [2015] NSWCATAP 273 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Texts Cited: Nil Category: Principal judgment Parties: Todd Lindsay (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: Ms Manstead for the Appellant Mr Gardner for the Respondent