NSW Land and Housing Corporation v Ibrahim [2016] NSWCATCD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Ibrahim [2016] NSWCATCD 91 Hearing dates: 10 June 2016 and 16 September 2016 Decision date: 04 November 2016 Jurisdiction: Consumer and Commercial Division Before: D Harvey, General Member Decision: 1. The application for termination is dismissed.

2. The respondent is to comply with the terms of her agreement, namely, not cause or permit the use of the residential premises to be used for an unlawful purpose.

3. If the respondent does not comply with the above order, the applicant may request this application to be re-listed on or before 27 April 2017 and request that the tenancy be terminated and the respondent to vacate the premises. Catchwords: Section 91, illegal use, residential complex, discretion to terminate Legislation Cited: Residential Tenancies Act 2010 Drug Misuse and Trafficking Act 1985 Cases Cited: Cain v NSW Land & Housing Corporation [2014] NSWCA 28 NSW Land and Housing Corporation v Nihangun Ozen [2014] NSWCATCD 27 McGuiness v NSW Land and Housing Corporation [2014] NSWCATAP 98 New South Wales Land and Housing Corporation v Lesniewski [2015] NSWCATAP Davis v NSW Land and Housing Corporation [2015] NSWCATAP 271 Briginshaw v Briginshaw (1938) 60 CLR 330 NSW Land and Housing Corporation v Romeyn [2015] NSWCATCD 123 NSW Land and Housing Corporation v John Raglione [2015] NSWCATAP 75 NSW Land and Housing Corporation v Kline [2014] NSWCATCD 210 Stiff v NSW Land and Housing Corporation [2014] NSWCATCD 123 R v Knight, Brian, and Knight Kevin [2008] NSWDC 135 Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant) Fatme Ibrahim (respondent) Representation: On 10 June 2016: Mr O'Connor, counsel, Ms Hooke, legal advocate (applicant) Mr Turner, solicitor (respondent)