Franken v NSW Land and Housing Corporation [2016] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Franken v NSW Land and Housing Corporation [2016] NSWCATAP 154 Hearing dates: 24 February 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member T Simon, Senior Member Decision: (1) The orders made by the Tribunal on 27 October 2015 are set aside; (2) The proceedings are remitted for rehearing by a differently constituted Tribunal; (3) The proceedings are listed for directions in the Tribunal on 5 August 2016 for the purpose of fixing a hearing date and making any other appropriate orders Catchwords: Residential Tenancies Act- Termination- use of premises for illegal purposes Procedural fairness- departure from expected process Stay of Civil proceedings- criminal proceedings raising related issues Legislation Cited: Civil and Administrative Tribunal Act, 2013 Drugs Misuse and Trafficking Act, 1985 Evidence Act, 1995 Residential Tenancies Act 2010 Cases Cited: Attorney General (NSW) v Quin [1990] HCA 21 Commissioner of the Australian Federal Police v Zhao [2015] HCA 5 Halabi v Westpac Banking Corporation (1989) 17 NSWLR 26 Hamod v State of New South Wales and Anr [2011] NSWCA 375 McMahon v Gould (1982) 7 ACLR 202 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 Mikel v Dudley [2008] NSWSC 1090 Niven v SS [2006] NSWCA 338 Prentice v Cummins (No6) [2003] FCA 1002 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex Parte Lam [2003] HCA 6; 214 CLR 1 Wolf v State of New South Wales [2013] NSWSC 1800 Zag v NSW Trustee and Guardian [2016] NSWCATAP [19] Texts Cited: Nil Category: Principal judgment Parties: Marcia Franken (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: M Kloucek (Appellant) P O'Connor (Respondent)