Hollins v NSW Land and Housing Corporation [2019] NSWCATAP 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hollins v NSW Land and Housing Corporation [2019] NSWCATAP 132 Hearing dates: 31 October 2018 Date of orders: 29 May 2019 Decision date: 29 May 2019 Jurisdiction: Appeal Panel Before: S. Higgins, Senior Member G. Sarginson, Senior Member Decision: (1) The appeal is allowed. (2) orders of the Tribunal in SH 18/21239, made on 2 August 2018 and the Appeal Panel's stay of such orders are set aside and in substitution of these orders the following orders are made: (a) Jessica Hollins ('the tenant') is not to: (i) seriously or persistently threaten or abuse the landlord, the landlord's agents, any employee of the landlord, or any contractor of the landlord; or cause or permit any such threats, abuse or conduct; or (ii) intentionally engage or intentionally cause or permit another person to engage, in conduct in relation to any such person that would be reasonably likely to cause the person to be intimidated or harassed (whether or not any abusive language or threat has been directed towards the person). (b) If the tenant does comply with order (a) above, then on or before 26 weeks from the date of this decision, the landlord may apply to the Tribunal to re-list the proceedings before the Tribunal and seek an order to terminate the tenancy. Catchwords: APPEAL---Residential tenancies---Social housing---Breach by reason of threats, abuse or harassment---Whether tenancy should be terminated---Exercise of discretion---Adequacy of reasons Legislation Cited: Civil and Administrative Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Housing Act 2001 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Aboriginal Housing Office v Blacklock [2019] NSWCATAP 51 Australian Broadcasting Tribunal v Bond [1990] HCA 30; (1990) 170 CLR 321 Coffs Harbour and District Local Aboriginal Land Council v Lynwood [2017] NSWCA 317 Collins v Urban [2014] NSWCATAP 17 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Hollins v NSW Land and Housing Corporation [2018] NSWCATAP 206 Kelly v NSW Land and Housing Corporation NSWCATAP 154 Minister for Aboriginal Affairs v Peko- Wallsend Ltd [1986] 40; (1985-6) 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roberts v NSW Land and Housing Corporation [2018] NSWCATAP 296 Sara McGuiness v NSW Land and Housing Corporation [2014] NSWCATAP 98 The Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Transport for NSW v Waters [2018] NSWCATAP 200 Yonan v NSW Land and Housing Corporation [2017] NSWCATAP 37 Category: Principal judgment Parties: Jessica Hollins (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: C. Trahanas (Appellant) J. O'Connor (Respondent)