New South Wales Housing Corporation v Tanious [2016] NSWCATCD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New South Wales Housing Corporation v Tanious [2016] NSWCATCD 57 Hearing dates: 27 July 2016 Decision date: 10 August 2016 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, General Member Decision: 1. The landlord's application for termination and possession is withdrawn and accordingly dismissed under Section 55(1)(a) of the Civil and Administrative Tribunal Act 2013.

2. The respondent, Mofeed Tanious ('the tenant') is to remove all metal coverings and shutters from the window and door frames of the residential premises in which the tenant resides on or before 14 days from the date of this decision. Catchwords: Residential Tenancies Social Housing Unauthorised Fixtures, Alterations or Additions to Property by Tenant Limitation period Issue estoppel and Res Judicata Waiver Legislation Cited: Residential Tenancies Act 2010 ss 66, 87, 187, 190 Residential Tenancies Regulations 2010 Reg 22 Civil and Administrative Act 2013 ss 38, 41, 55 Uniform Civil Procedure Rules 2005 Cases Cited: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Pearson v Clark [2016] NSWCATAP 134 Jones v Dunkel (1959) 101 CLR 298 May v Ceedive Pty Ltd [2006] NSWCA 369 Commonwealth v Verwayen (1990) 170 CLR 394 St George Community Housing v El-Nachar [2013] NSWCTTT 184 Category: Principal judgment Parties: New South Wales Land & Housing Corporation (applicant) Mofeed Tanious (respondent) Representation: Applicant ('the landlord'): Ms S Hook Respondent ('the tenant'): In person File Number(s): SH 16/25006 Publication restriction: Unrestricted