Boscolo v NSW Land and Housing Corporation [2017] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boscolo v NSW Land and Housing Corporation [2017] NSWCATAP 210 Hearing dates: 20 October 2017 Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: (1) The application to adjourn the hearing of the application to extend the time to appeal the decision of the Tribunal made on 13 June 2017 in application SH 17/20198 is dismissed.

(2) The application to extend the time to appeal the decision of the Tribunal made on 13 June 2017 in application SH 17/20198 is dismissed.

(3) The stay of execution of the warrant for possession issued 28 September 2017 is lifted.

(4) The appeal is otherwise dismissed. Catchwords: Adjournment - principles applicable to grant- opportunity to have submissions considered.

Extension of time to appeal - principles applicable- delay- relevance of earlier set aside applications- prospects of success.

TERMINATION OF TENANCY - social housing tenancy agreement- tenant in prison- failure to pay rent- s154E of the Residential Tenancies Act, 2010. 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: Armee v Brealey [2017] NSWCATAP 141 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 House v the King [1936] HCA 40; (1936) 55 CLR 499 Jackson V NSW Land and Housing Corporation [2014] NSWCATAP 22 McGeown v NSW Land and Housing Corporation [2015] NSWCA 23 Mesiha v Murrell [2017] NSWCATAP 1 Texts Cited: Nil Category: Principal judgment Parties: Mario Boscolo (Appellant) NSW Land and Housing Corporation (Respondent) Representation: S Boscolo (Appellant)