Hollins v NSW Land and Housing Corporation [2018] NSWCATAP 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hollins v NSW Land and Housing Corporation [2018] NSWCATAP 206 Hearing dates: 4 September 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member Decision: (1) Order (3) of the orders of the Tribunal of 2 August 2018 in SH 18/212139 is stayed until the hearing of the appeal subject to the condition that the Appellant is not to seriously or persistently threaten or abuse the Respondent, the Respondent's agent or any employee or contractor of the Respondent or the Respondent's agent, or caused or permitted any such threats, abuse or conduct, including and not limited to employees or contractors of the Department of Family and Community Services; (2) the Respondent has liberty to have the matter listed, on 24 hours' notice, for the Appeal Panel to consider lifting the stay if the Appellant breaches this condition. Catchwords: Stay of order for possession pending appeal – where residential tenancy agreement has been terminated for breach of s 92 of the Residential Tenancies Act 2010, namely where the tenant has seriously or persistently threaten or abuse the landlord or its agents and contractors Legislation Cited: Residential Tenancies Act 2010 (NSW). Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Ramsey v NSW Land and Housing Corporation [2018] NSWCATAP 49 Category: Procedural and other rulings Parties: Appellant: Ms Jessica Hollins Respondent: NSW Land and Housing Corporation Representation: Solicitor: Ms L Stubbs (Appellant/Applicant)