Gunida Gunyah Aboriginal Corporation v Griffen [2019] NSWCATCD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gunida Gunyah Aboriginal Corporation v Griffen [2019] NSWCATCD 49 Hearing dates: 20 March 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The tenant shall comply with the terms and conditions of the Residential Tenancy Agreement and in particular clause 15.4 and she shall not intentionally or negligently cause or permit any damage to the residential premises.

2. In the event that the tenant fails to comply with Order 1 herein they may relist the application at any time before 6 December 2019 to determine whether the Residential Tenancy Agreement ought to be terminated. Catchwords: Residential Tenancy- Social Housing – intentionally or recklessly cause damage – exercise of the discretion whether to make a termination order. Legislation Cited: Anti-Discrimination Act 1977 Residential Tenancies Act 2010 ss.90,154D,154E Cases Cited: Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Griffen –v Gunida Gunya Aboriginal Corporation [1028] NSWCATAP 284 Minister for Aboriginal Affairs v Peko Wallsend Ltd [1986] 16CLR 24. Orr-v NSW Land and Housing Corporation [2018] NSWSC 1909 Category: Principal judgment Parties: Gunida Gunya Aboriginal Corporation (Applicant) Louise Griffen (Respondent) Representation: M Wasile appeared for the applicant M Yen appeared for the respondent File Number(s): SH18/51355