Forrest v NSW Land and Housing Corporation [2016] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forrest v NSW Land and Housing Corporation [2016] NSWCATAP 156 Hearing dates: 10 June 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Appeal Panel Before: Marks, ADCJ, Principal Member J Currie, Senior Member Decision: 1. Appeal allowed in part. 2. Decision under appeal is set aside 3. The exercise of discretion under sec 91(1)(a) of the Residential Tenancies Act is to be reconsidered by the Tribunal differently constituted with or without further evidence as the Tribunal may consider. 4. Costs reserved. Catchwords: Residential Tenancies Act sec 91(1)(a)- exercise of discretion miscarried - appeal allowed - matter remitted for reconsideration. Legislation Cited: Interpretation Act, s30 Residential Tenancies Act, 2010, ss 87, 91, Residential Tenancies Act, 2010, 152 (Repealed) Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Act, 2015 (number 34) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Cain v NSW Land and Housing Corporation [2014] NSWCA 28 Strinic v Singh [2009] NSWCA 15 Brennan v Consumer, Trader and Tenancy Tribunal [2010] NSWSC 1240 Category: Principal judgment Parties: Timothy Forrest (appellant) NSW Land and Housing Corporation (respondent) Representation: Counsel: M Seymour (appellant) K Madgwick (respondent)