Kelly v NSW Land & Housing Corporation [2018] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v NSW Land & Housing Corporation [2018] NSWCATAP 154 Hearing dates: 28 May, 18 June 2018 Date of orders: 18 June 2018 Decision date: 18 June 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Perrignon, Senior Member Decision: 1. Leave to appeal is refused.

2. The appeal is dismissed.

3. The stay granted on 3 April 2018 is lifted.

4. Order 4 in proceedings SH 18/04797 is varied to be:

"The order for possession is suspended until 13 August 2018." Catchwords: APPEAL – Residential tenancies – Social housing – Termination order – Termination for breach of residential tenancy agreement – Relevant considerations – Circumstances of the case – Whether Tribunal took into account relevant considerations – Whether decision unreasonable – Whether decision against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies and Housing Legislation Amendment (Public Housing-Antisocial Behaviour) Act 2015 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Cain v New South Wales Land & Housing Corporation [2014] NSWCA 28 Ciccone v NSW Land and Housing Corporation [2016] NSWCATAP 120 Coffs Harbour and District Local Aboriginal Land Council v Lynwood [2017] NSWCA 317 Collins v Urban [2014] NSWCATAP 17 Craig v State of South Australia (1995) 184 CLR 163 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 34 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 NSW Land & Housing Corporation v Mann (Consumer and Commercial Division, unrep, 9 April 2014) Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roads and Traffic Authority v Swain & Ors (1997) 41 NSWLR 452; [1997] NSWSC 181 Sara McGuiness v NSW Land & Housing Corporation [2014] NSWCATAP 98 Schaefer v Department of Housing (No 2) [2012] WASCA 229 Scicluna v NSW Land & Housing Corporation (2008) NSWLR 674 Swain v Residential Tenancies Tribunal (Rolfe J, unrep, 22 March 1995) Taylor v Peslak [2018] NSWCATAP 57 Torbey Investments Corporation Pty Ltd v Ferrara [2017] NSWCA 9 Texts Cited: Aronson, Dyer & Weeks Judicial Review of Administrative Action and Government Liability 6th ed, 2017 Category: Principal judgment Parties: Jadie Maree June Kelly (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: B Arste (Appellant) K Madgwick (Respondent)