Rush v NSW Land and Housing Corporation [2016] NSWCATAP 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rush v NSW Land and Housing Corporation [2016] NSWCATAP 226 Hearing dates: 19 August 2016 Date of orders: 13 October 2016 Decision date: 13 October 2016 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member R Titterton, Senior Member Decision: (1) The appeal be allowed; (2) The orders of the Tribunal in SH 16/09113 of 18 May 2016 be set aside; (3) The application for termination of the appellant's tenancy be remitted to a differently constituted Tribunal for a new hearing according to law with such additional evidence as the Tribunal below may allow. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – termination of tenancy agreement not reflected in consent orders made by the Tribunal – Tribunal asked itself wrong question – Brown v West principle inapplicable – decision set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 (NSW) Cases Cited: Brown v West [1990] HCA 7 Roney v NSW Housing and Land Corporation [2015] NSWCATAP 269 Category: Principal judgment Parties: Karen Rush (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Ms Manstead (Appellant) Mr O'Connor (Respondent) File Number(s): AP 16/25534 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 18 May 2016 Before: Senior Member Morris File Number(s): SH 16/091113