NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v NSW Land and Housing Corporation [2018] NSWCATAP 296 Hearing dates: 28 November 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member M Anderson, Senior Member Decision: 1. Leave to appeal is refused.
2. The appeal is dismissed.
3. Continue the stay, granted on 25 September 2018 and varied on 28 November 2018, of orders made on 14 August 2018 and varied on 28 November 2018, such stay to end on 29 January 2019. Catchwords: Residential tenancy - social housing - alleged indirect discrimination on grounds of mental illness disability - no error of law - no basis for leave - basis for extending temporary stay of possession. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Anti-Discrimination Act 1977 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 2016 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Johnson v Lukeman [2016] NSWCATAP 272 Kostas v HIA Insurance Services PL (2010) 241 CLR 390 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Owen v Kim [2017] NSWCATAP 26 Pollard v RRR Corporation PL [2009] NSWCA 110 Qushair v Raffoul [2009] NSWCA 329 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Eric John Roberts (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Self-represented (Appellant) J O'Connor (Respondent) File Number(s): AP 18/38386 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2018] NSWCATCD Date of Decision: 14 August 2018 Before: P Smith, General Member File Number(s): SH 18/28835
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