Bullock v NSW Land and Housing Corporation [2018] NSWCATAP 310

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bullock v NSW Land and Housing Corporation [2018] NSWCATAP 310 Hearing dates: 14 December 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member F Corsaro SC, Senior Member Decision: 1. The time to file the Notice of Appeal is extended to 16 October 2018.

2. Leave to appeal is granted and the appeal is allowed.

3. The order for termination and possession made on 18 September 2018 in application SH 18/15427 is set aside.

4. In lieu thereof, the following orders are made:

a) The tenant, Mark Bullock, is to specifically perform the residential tenancy agreement dated 19 June 2006 by:

(i) not causing or permitting any parties on or about the residential premises which might interfere with the reasonable peace, comfort or privacy of neighbours;

(ii) not causing or permitting any children attending his premises to consume alcohol or to act in a manner which might interfere with the reasonable peace, comfort or privacy of neighbours;

(iii) not causing or permitting his children to unlawfully attend the premises and conduct themselves in a manner that might interfere with the reasonable peace, comfort or privacy of neighbours; and

(iv) not causing or permitting his children to cause damage to the premises.

b) In the event the appellant breaches the orders in paragraph (a), the NSW Land and Housing Corporation (landlord) may relist these proceedings for the purpose of seeking a termination order, provided such application to relist is made on or before 30 June 2019. Catchwords: LANDLORD AND TENANT – Breach of residential tenancy agreement – discretion to terminate – factual findings regarding likelihood of future breach against the weight of evidence – leave to appeal Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Residential Tenancies Act, 2010 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Mark Bullock Respondent: NSW Land and Housing Corporation Representation: Appellant: S McCarthy (Counsel) Respondent: T Boyle (Counsel)