Vorhauer v NSW Land and Housing Corporation [2017] NSWCATAP 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vorhauer v NSW Land and Housing Corporation [2017] NSWCATAP 159 Hearing dates: 16 June 2017 Date of orders: 26 July 2017 Decision date: 26 July 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member A Bell SC, Senior Member Decision: 1 The appellant has leave to appeal the decision of the Tribunal made 2 February 2017. 2 The appeal is dismissed. 3 Order 11 made 19 May 2017, preventing the respondent from reletting or parting with possession of the residential premises, is discharged. Catchwords: ADJOURNMENT – exercise of discretion – respondent an inpatient in hospital – no medical certificate.

APPEAL – termination order previously made – rent arrears – tenant evicted prior to hearing of appeal – just, quick, and cheap resolution of real issues in dispute – error in failing to adjourn – unpaid rent arrears and no evidence of capacity to pay rent or arrears – no utility in setting aside order and remitting for rehearing. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Regulation, 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 2010 Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 The University of Wollongong v Metwally and Ors (1984) 158 CLR 447; [1984] HCA 74 Category: Principal judgment Parties: Racheal Vorhauer (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: K Madgwick (Respondent)