Rainsford v NSW Land and Housing Corporation [2016] NSWCATAP 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rainsford v NSW Land and Housing Corporation [2016] NSWCATAP 260 Hearing dates: 7 November 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J Kearney, Senior Member Decision: The appeal is dismissed. Catchwords: RESIDENTIAL TENANCIES – procedural fairness – reasonable opportunity to present case – where opportunity, even if given, could have made no difference to the outcome

STATUTORY CONSTRUCTION –meaning of the phrase "reasonable peace, comfort or privacy of the tenant in using the residential premises" and meaning of the phrase "cause or permit" in s 50(2) of the Residential Tenancies Act 2010 (NSW) – requirement for quiet enjoyment must relate to the use of the residential premises – to have permitted a breach of s 50(2) the landlord must have had the power to prevent the breach of quiet enjoyment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38, s 80(2) and Sch 3 Dividing Fences Act 1991 (NSW) Privacy and Personal Information Protection Act 1998 (NSW), s 55 Residential Tenancies Act 1995 (SA), s 90 Residential Tenancies Act 2010 (NSW), 50(2), s 187 Cases Cited: Adelaide City Corporation v Australasian Performing Rights Association (1928) 40 CLR 481 Capric v Department of Housing [2001] NSWRT 13 (22 January 2001) Eliezer v Residential Tribunal [2001] NSWSC 1092 South Australian Housing Trust v B. [2005] SARTT 5 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Category: Principal judgment Parties: James Rainsford (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: D Woods (Respondent)