Baker v NSW Land and Housing Corporation [2016] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baker v NSW Land and Housing Corporation [2016] NSWCATAP 251 Hearing dates: 2 August 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Appeal Panel Before: L P Robberds QC Senior Member Dr J Lucy Senior Member Decision: (1) Leave to appeal refused (2) Appeal dismissed Catchwords: Social housing tenancy agreement – breaches of agreement – whether sufficient to justify termination of agreement – consideration of s87 Residential Tenancies Act – amendment of that Act – whether Tribunal took into account relevant provisions in s152 of that Act - whether adequate reasons given by Tribunal for termination –whether Tribunal failed to take into account respondent's hoarding policy – whether appellant may have suffered a substantial miscarriage of justice. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Act 2015 Cases Cited: Azariel v NSW Land & Housing Corporation [2006] NSWCA 372 Director General Department of Finance & Services v Porter [2014] NSWCATAP 6 Linfox Australia Pty Ltd v Fair Work Commission [2013] FCAFC 157 Reece v Webber [2011] FCAFC 33 at [67]; 192 FCR 254 Steed v Minister for Immigration (1981) 37 ALR 620 WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184 at [46], 75 ALD 630 Category: Principal judgment Parties: Hassan Baker (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: C Liedermann (Appellant) B Anniwell (Respondent)