Bull v NSW Land and Housing Corporation [2016] NSWCATAP 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bull v NSW Land and Housing Corporation [2016] NSWCATAP 266 Hearing dates: 4 October 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member A Boxall, Senior Member Decision: 1 Leave to appeal is refused and the appeal is dismissed.

2 The order made by the Appeal Panel on 25 July 2016 as extended by order made 9 August 2016 being a stay of orders 2 and 3 made in application SH 16/23893 is lifted.

3 Order 3 made 30 May 2016 in application SH 16/23893 is varied to provide as follows: 3 The order for possession is suspended until 14 days from the date the decision in appeal AP 16/33630 is published.

4 Subject to any application by a party within 14 days from the publication of these reasons, each party is to pay their own costs Catchwords: Onus of proof - where rules of evidence do not apply. Question of law - determination of facts by a reasoning process marred by a patent error, illogicality or perversity, no evidence, error in relation to jurisdictional fact, failure to afford procedural fairness. Leave to appeal - substantial miscarriage of justice Legislation Cited: Administrative Decisions Review Act, 1997 Civil and Administrative Tribunal Act, 2013 Residential Tenancies Act, 2010 Residential Tenancies Tribunal Act, 1986 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Black v NSW Land and Housing Corporation [2014] NSWCATAP 113 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing Ammunition Pty Ltd v Safework NSW (No 2) [2016] NSWSC 988 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 Collins v Urban [2014] NSWCATAP 17 Couratos t/a Surf City Motors v Willis [2016] NSWCATAP 249 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Imperial Smelting Corporation Limited v. Joseph Constantine Steamship Line Limited [1940] 1 K.B. 812 Insurance Australia Limited v O'Shannessy [2015] NSWSC 1047 Joseph Constantine Steamship Line Limited v Imperial Smelting Corporation Limited [1942] A.C. 154 Kilpatrick v Gresser and Rustin (unreported, 13 May 1987), BC8701375 Lindsay v NSW Land and Housing Corporation [2016] NSWCATAP 128 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332: [2013] HCA 18 Nakad v Commissioner of Police NSW Police Force [2014] NSWCATAP 10 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 at [2]; 67 ALJR 170 Purkess v Crittenden [1965] HCA 34 at para 4; (1965) CLR 164 Prendergast v Western Murray Immigration Ltd [2014] NSWCATAP 69. Qasim v Health Care Complaints Commission [2015] NSWCA 282 Southern Area Health Service v Brown [2003] NSWCA 369 Texts Cited: Nil Category: Principal judgment Parties: Brett Bull (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: Mr A Flecknoe-Brown (Appellant) Ms K Madgwick (Respondent)