Hall v NSW Land & Housing Corporation [2018] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hall v NSW Land & Housing Corporation [2018] NSWCATAP 257 Hearing dates: 17 October 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Thode, Senior Member Decision: 1. Appeal allowed.

2. The decision of the Tribunal below is set aside.

3. The matter is remitted to the Tribunal (to be differently constituted) for a new hearing on all issues. Catchwords: LEASES AND TENANCIES – social housing tenancy – drug offence – termination order – disability exception – proof – onus of proof – unchallenged evidence – overlooked evidence – inadequacy of reasons Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 4 Residential Tenancies Act 2010 (NSW), ss 91, 154D(3)(b) Drug Misuse and Trafficking Act 1985 (NSW). Cases Cited: Bauskis v Liew [2013] NSWCA 297 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Taupau v HVAC Constructions (Queensland) Pty Ltd and Ors [2012] NSWCA 293 Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260 Category: Principal judgment Parties: Janine Hall (appellant) NSW Land & Housing Corporation (respondent) Representation: Counsel: D Woods (appellant) J O'Connor (respondent)

Solicitors: Legal Aid NSW (appellant) Department of Family and Community Services (respondent) File Number(s): AP 18/14468 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 March 2018 Before: M Rogers, General Member File Number(s): SH 17/46035