Hall v NSW Land and Housing Corporation [2020] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hall v NSW Land and Housing Corporation [2020] NSWCATAP 2 Hearing dates: 28 August 2019 Date of orders: 13 January 2020 Decision date: 13 January 2020 Jurisdiction: Appeal Panel Before: T Simon, Principal Member A Boxall, Senior Member Decision: (1) The appeal is allowed. (2) The orders made by the Tribunal on 17 May 2019 are set aside. (3) The proceedings are remitted to be reconsidered by a differently constituted Tribunal. Catchwords: APPEAL – Residential tenancy, social housing, termination, discretion, s91, 154D, unlawful use of the premises Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Residential Tenancies Act 2010 NSW Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Janine Hall (Appellant) NSW Land & Housing Corporation (Respondent) Representation: Counsel: C Trahanas (Appellant) J O'Connor (Respondent)

Solicitors: Legal Aid New South Wales (Appellant) File Number(s): AP 19/25602 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 May 2019 Before: J Stewart, General Member File Number(s): SH 18/47187