NSW Land and Housing Corporation v Thorpe [2016] NSWCATCD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Thorpe [2016] NSWCATCD 78 Hearing dates: 26 August 2016 Decision date: 19 September 2016 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: 1. The Residential Tenancy Agreement is terminated in accordance with section 91 of the Residential Tenancies Act 2010.

2. The Residential Tenancy Agreement is terminated on 13 September 2016 and possession is to be given to the landlord on the date of termination. Catchwords: S91 Illegal Use Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Tribunal Act 2012 Drug Misuse and Trafficking Act 1985 (NSW). Cases Cited: Jackson v NSW Land and Housing Corporation[2014]NSWCATAP22 NSW Land & Housing Corporation v John Raglione [2015]NSWCATAP 75 Maxwell v Murphy(1975)96CLR261 Category: Principal judgment Parties: Applicant: NSW Land and Housing Corporation Respondent: G C Thorpe Representation: Mr Spackman for the applicant No appearance by the respondent File Number(s): SH 16/25736 Publication restriction: Unrestricted

REASONS FOR DECISION

Introduction and Background 1. By application filed on 1 June 2016 the applicant sought orders for termination and possession of the residential tenancy premises pursuant to section 91 of the Residential Tenancies Act (the Act). 2. The matter first came before the Tribunal on 7 June 2016 and was adjourned to determine the applicant's request for an extension of time to lodge the application and, if an extension is granted, the determination of the substantive matter. 3. A hearing was held on 26 August 2016. There was no appearance of the respondent at the hearing. A notice of hearing had been sent by the Tribunal to the respondent on 9 June 2016. The notice had not been returned to the Tribunal. The Tribunal is satisfied that the respondent has been served with a notice of hearing. 4. The guiding principle of the Tribunal is to determine the real issues in dispute between the parties in a just, quick and cheap manner. This is the second time that the respondent has failed to attend without reasonable explanation. The applicant has attended, has complied with procedural directions and is ready to proceed. Giving effect to the guiding principle of the Tribunal, it is determined that the applicant should not be further disadvantaged by the respondent's failure to attend and the matter should proceed to hearing.