Ross v New South Wales Land and Housing Corporation [2016] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ross v New South Wales Land and Housing Corporation [2016] NSWCATAP 150 Hearing dates: 17 June 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member DAC Robertson, Senior Member Decision: 1. The time for the Appellant to lodge the appeal is extended to 1 April 2016. 2. Allow the appeal. 3. Set aside orders 1 and 2 made on 7 December 2015. 4. Remit the whole of the case to be determined by a differently constituted Tribunal with liberty to the parties to adduce further evidence. Catchwords: APPEAL- termination of residential tenancy – unlawful use of premises by drug taking – not the basis advanced at hearing – Tribunal relied upon inferences not raised at the hearing drawn from admissions by tenant advocate and tenant not directed at unlawful use of premises - denial of procedural fairness - findings not open on the information before the Tribunal - errors of law. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Residential Tenancies and Housing Legislation Amendment (Public Housing - Antisocial Behaviour) Act 2015 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Claydon v NSW Land & Housing Corporation [2015] NSWCATAP 192 Frost v Kourouche (2014) NSWLR 214 Grizonic v Suttor [2011] NSWSC 471 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kioa v West (1985) 159 CLR 550 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32, (2010) 241 CLR 390 Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 206 CLR 57 Muin v Refugee Review Tribunal (2002) 76 ALJR 966 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 SHH Ltd v Woodorth Plumbing Services Pty Ltd [2014] NSWCATAP 46 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Category: Principal judgment Parties: Kristy Maree-Ross (Appellant) New South Wales Land and Housing Corporation (Respondent) Representation: Counsel: D M Bampton (Appellent) K Madgwick (Respondent) File Number(s): AP 16/15781 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 7 December 2015 Before: J Levingston, General Member File Number(s): SH 15/50718