Davis v NSW Land and Housing Corporation [2016] NSWSC 1025

Supreme Court New South Wales

Medium Neutral Citation: Davis v NSW Land and Housing Corporation [2016] NSWSC 1025 Hearing dates: 5 April 2016 Decision date: 27 July 2016 Before: Fullerton J Decision: (1) The amended summons is dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of NSW Civil and Administrative Tribunal's Appeal Panel to terminate a Residential Tenancy Agreement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; 104 FCR 564 McGuiness v NSW Land and Housing [2014] NSWCATAP 98 Category: Principal judgment Parties: Justine June Davis (Plaintiff) NSW Land and Housing Corporation (Defendant) Representation: Counsel: D Ash (Plaintiff) V McWilliam (Defendant)

Solicitors: Joe Weller & Associates (Plaintiff) NSW Department of Family and Community Services (Defendant) File Number(s): 2016/32421 Decision under appeal Court or tribunal: Appeal Panel, New South Wales Civil and Administrative Tribunal Date of Decision: 17 December 2015 Before: D Patten (Principal member), K Rosser (Senior member) File Number(s): [2015] NSWCATAP 271