Pusell v NSW Land and Housing Corporation [2016] NSWCATAP 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pusell v NSW Land and Housing Corporation [2016] NSWCATAP 215 Hearing dates: 5 August 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member J Kearney, Senior Member Decision: Conditionally on the appellant complying with the terms of the residential tenancy agreement dated 8 November 1999 between him and the respondent: (1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 extend the time for the filing of the Amended Notice of Appeal to 30 March 2016; (2) Grant leave to appeal (3) Appeal allowed (4) Set aside orders 2 and 3 made 11 March 2016 (5) The matter is remitted to the Tribunal differently constituted to be determined according to law. Catchwords: SOCIAL HOUSING: discretionary matters s 154E Residential Tenancies Act; factual errors; discretion miscarried. APPEAL: new evidence. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Residential Tenancies Act, 2010 Cases Cited: House v R (1936) 55 CLR 499 Collins v Urban [2014] NSWCATAP 17 Yong v Antworks [2016] NSWCATAP 14 Gleeson & Anor t/as Ant Building v The Owners Strata Plan No 81893 [2016] NSWCATAP 27 Orr v Holmes [1948] HCA 16; (1948) 76 CLR 632 Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 Category: Principal judgment Parties: Darren Royce Pusell (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: P Gledson (Appellant) J O'Connor (Respondent)