Asuzu v NSW Land and Housing Corporation [2019] NSWCATAP 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Asuzu v NSW Land and Housing Corporation [2019] NSWCATAP 267 Hearing dates: 30 October 2019 Date of orders: 07 November 2019 Decision date: 07 November 2019 Jurisdiction: Appeal Panel Before: T. Simon, Principal Member G. Sarginson, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. Stay orders of the Appeal Panel dated 22 August 2019 are lifted immediately. 4. Order 4 of the Tribunal dated 2 August 2019 is varied to state as follows: "The order for possession is suspended until 30 November 2019". Catchwords: LANDLORD AND TENANT---Termination of tenancy for non-payment of rent---Rent rebate cancelled by landlord---Jurisdiction of Tribunal

LANDLORD AND TENANT---Termination of tenancy for non-payment of rent---Leave to appeal---Whether decision not fair or equitable or against the weight of evidence 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: Dyldam Developments Pty Ltd v The Owners Strata Plan No 85305 [2019] NSWCATAP 229 Kelly v NSW Land and Housing Corporation [2018] NSWCATAP 154 NSW Land and Housing Corporation v Quinn (No 2) NSWDC 161 Category: Principal judgment Parties: Ignatius Asuzu (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: N. Simpson (Respondent)