Orr v New South Wales Land and Housing Corporation (No 2) [2018] NSWSC 1909

Supreme Court New South Wales

Medium Neutral Citation: Orr v New South Wales Land and Housing Corporation (No 2) [2018] NSWSC 1909 Hearing dates: 10 December 2018 Decision date: 11 December 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff to appeal on grounds 1 and 3 against the decision and orders of the Appeal Panel of the Civil and Administrative Tribunal made on 9 October 2018.

(2) Refuse leave to appeal on ground 2.

(3) Set aside the decision and orders of the Appeal Panel of the Civil and Administrative Tribunal made on 9 October 2018.

(4) Set aside the decision of R Harris, General Member of the Civil and Administrative Tribunal made on 16 January 2018.

(5) Remit the matter to the Civil and Administrative Tribunal to be determined in accordance with law.

(6) Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: LEASES AND TENANCIES – appeal on question of law from Appeal Panel of Civil and Administrative Tribunal – whether Tribunal had lawfully terminated tenancy of social housing tenant

ADMINISTRATIVE LAW – whether discretion properly exercised on the basis of contingent finding

ADMINISTRATIVE LAW – the requirement to give reasons – Tribunal's reasons insufficient to indicate that it had properly exercised discretion Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 62, 80, 81, 83, Sch 4, cl 12 Drugs Misuse and Trafficking Act 1985 (NSW) Residential Tenancies Act 2010 (NSW), Pt 5, Div 2, s 91, Pt 7, ss 137, 154D, 154E, 154G Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Cain v New South Wales Land and Housing Corporation (2014) 86 NSWLR 1; [2014] NSWCA 28 Canham v Austin Guarantee Corporation Ltd (1993) 31 NSWLR 246 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 King v Goussetis (1986) 5 NSWLR 89 Lee v R [2016] NSWCCA 146 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40. NSW Land & Housing v Raglione [2015] NSWCATAP 75 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Tarabay v Leite [2008] NSWCA 259 Wade v Burns (1966) 115 CLR 537; [1966] HCA 35 Wingfoot Australia Partners Pty Ltd v Kocak; (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Susan Orr (Plaintiff) NSW Land & Housing Corporation (Defendant) Representation: Counsel: P Batley (Plaintiff) J O'Connor (Defendant)