Yonan v NSW Land and Housing Corporation [2017] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yonan v NSW Land and Housing Corporation [2017] NSWCATAP 37 Hearing dates: 07 February 2017 Date of orders: 07 February 2017 Decision date: 22 February 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Fairlie, Senior Member Decision: (1) Appeal upheld; (2) Orders made in SH 16/31928 are set aside; and (3) Proceedings SH 16/31928 are remitted to the Consumer and Commercial Division for rehearing Catchwords: Mandatory considerations under s 154E, mistake concerning the facts Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2014 Residential Tenancies Act 2010 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 House v King [1936] HCA 40 Roydon Cooke v NSW Land and Housing Corporation [2015] NSWCATAP 126 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620 Category: Principal judgment Parties: Albert Yonan (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: D Woods (Respondent)

Solicitors: N Kennedy (Appellant) File Number(s): AP 16/46034 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 07 October 2016 Before: C Marzilli, General Member File Number(s): SH 16/31928