Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237 Hearing dates: 9 April 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal is refused and the appeal is dismissed.

(2) Order 2 made by the Tribunal on 16 January 2018 is varied as follows:

2. The Residential Tenancy Agreement is terminated and possession is to be given to the landlord on 20 November 2018. Catchwords: APPEAL – statutory interpretation – meaning of undue hardship – exercise of discretion Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Commercial Arbitration Act 1984 Drug Misuse and Trafficking Act 1985 Residential Tenancies Act 2010 Anti-Discrimination Act 1977 Cases Cited: Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 Collins v Urban [2014] NSWCATAP 17 Gedeon v Commissioner of the NSW Crime Commission [2008] HCA 43 (4 September 2008) Liberian Shipping v King 1967 QB 86 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 NSW Land & Housing v Raglione [2015] NSWCATAP 75 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Knight, Brian and Knight, Kevin [2008] NSWDC 135 State of New South Wales v Austeel Pty Limited [2004] NSWSC 81 (23 February 2004) Yonan v NSW Land and Housing Corporation [2017] NSWCATAP Category: Principal judgment Parties: Susan Lynne Orr (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: Mr P Batley (Appellant) Mr J O'Connor (Respondent)