Aboriginal Housing Office v Blacklock [2019] NSWCATAP 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aboriginal Housing Office v Blacklock [2019] NSWCATAP 51 Hearing dates: 22 January 2019 Date of orders: 11 March 2019 Decision date: 11 March 2019 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member D A C Robertson, Senior Member Decision: (1) Appeal allowed.

(2) Orders (1) to (3) made by the Tribunal on 30 October 2018 are set aside.

(3) The application be remitted to the Consumer and Commercial Division of the Tribunal, differently constituted, for hearing according to law. Catchwords: LEASES AND TENANCIES – residential tenancies – social housing – dismissal of application for termination of tenancy – whether Tribunal's reasons for dismissing application were adequate Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Baulkham Hills Shire Council v Basemount Pty Ltd [2003] NSWCA 189; (2003) 126 LGERA 339 Collins v Urban [2014] NSWCATAP 17 Giro Constructions Pty Ltd v Smith [2015] NSWCATAP 213 Kendray v New South Wales Land & Housing Corporation [2015] NSWCATAP 139 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Orr v New South Wales Land & Housing Corporation (No.2) [2018] NSWSC 1909 Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2009] NSWCA 178; (2009) 168 LGERA 1 Yonan v NSW Land & Housing Corporation [2017] NSWCATAP 37 Category: Principal judgment Parties: Aboriginal Housing Office (Appellant) Margaret Blacklock (Respondent) Representation: T Boyle (Appellant) S McCarthy (Respondent) File Number(s): AP 18/50077 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 November 2018 Before: P Harris, Member File Number(s): SH 18/18973