Kwok v NSW Land and Housing Corporation [2019] NSWCATAP 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kwok v NSW Land and Housing Corporation [2019] NSWCATAP 236 Hearing dates: 11 September 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member L Wilson, Senior Member Decision: 1. Appeal dismissed. 2. Set aside the orders of the Tribunal made on 9 July 2019. 3. In lieu thereof, we make an order for possession, such order to take effect from 35 days after the date of these reasons. Catchwords: LANDLORD AND TENANT – appointment of financial manager – powers of financial manager - termination of lease – execution of documents – occupant of premises – order for possession Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 81(1)(b) Guardianship Act 1987 (NSW), ss 25E, 25M, 38 NSW Trustee and Guardianship Act 2009 (NSW), ss 3, 16, 16(1)(d), 58 Residential Tenancy Act 2010 (NSW), ss 80, 95, 95(3), 105 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Category: Principal judgment Parties: Amelia Wai Ee Kwok (appellant) NSW Land and Housing Corporation (first respondent) Frederick Davison (second respondent) Representation: Counsel: J O'Connor (first respondent)

Solicitors: Appellant (Self-represented) NSW Trustee and Guardian (second respondent) File Number(s): AP 19/33696 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 9 July 2019 Before: A Lynch, General Member File Number(s): SH 19/25301