North Coast Community Housing Company v Whittick [2019] NSWCATCD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: North Coast Community Housing Company v Whittick [2019] NSWCATCD 58 Hearing dates: 20 June 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Consumer and Commercial Division Before: W Priestley General Member Decision: The application is dismissed Catchwords: Undue hardship Legislation Cited: Residential Tenancies Act 2010 – sections 91 and 154D Cases Cited: Orr v NSW Land and Housing Corporation (No. 2) [2018] NSWSC 1909 Newcastle City Council v General Limited (1997) 191 CLR 85 Re Wilson and Minister for Territories (1985) 7 ALD 225 Balmain v French CTTT 1997 Texts Cited: Anforth, Christensen and Bentwood "Residential Tenacies, Law and Practice, New South Wales, 6th edition, Federation Press 2014 Category: Principal judgment Parties: North Coast Community Housing Company (Applicant) Christina Whittick (Respondent) Representation: Ms Kylie Faamoe– Housing Officer (for the applicant) Ms Decle, Barrister, instructed by NSW Legal Aid (for the respondent tenant) Solicitors: NSW Legal Aid (for the respondent tenant) File Number(s): SH 19/17215 Publication restriction: Nil

Reasons for Decision

The application 1. The applicant seeks orders under section 91 (1) and section 187 of the Residential Tenancies Act ("the Act"), for termination and possession in respect of residential premises it leases to the respondent in Tweed Heads ("the premises"). The ground for seeking the orders is that the premises were searched by Police on 18 December 2018, and 1.2 kilograms of cannabis leaf was found, along with two cannabis plants which were being grown hydroponically. The application was lodged on 10 April 2018.