Wallace v NSW Land and Housing Corporation [2020] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: Wallace v NSW Land and Housing Corporation [2020] NSWSC 142 Hearing dates: 05 December 2019 Date of orders: 02 March 2020 Decision date: 02 March 2020 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is granted.

The Court declares that:

(2) The decision of the Primary Member dated 14 June 2019 is vitiated by jurisdictional error.

(3) The decision of the Appeal Panel dated 20 September 2019 is vitiated by jurisdictional error.

The Court makes orders:

(4) In the nature of certiorari removing into the Court the decision of the Primary Member dated 14 June 2019 and quashing that decision.

(5) In the nature of certiorari removing into the Court the decision of the Appeal Panel dated 20 September 2019 and quashing that decision.

The Court further orders that:

(6) The proceedings are remitted to NCAT to be determined according to law.

(7) The first defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: APPEAL – NSW Civil and Administrative Tribunal – Residential Tenancies Act 2010 (NSW) – Termination order – Plaintiff's residential tenancy agreement terminated under s 91 for supplying cannabis from her premises – Whether the Tribunal unduly narrowed the scope of s 154E(1)(a) – Whether the Tribunal used a Neighbourhood Impact Statement which did not comply with s 154F(1) – Appeal allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83(1) Residential Tenancies Act 2010 (NSW), ss 81, 91, 154D, 154E, 154F Supreme Court Act 1970 (NSW), s 69 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Coulter v R [1988] HCA 3; 164 CLR 350 Director-General Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 HIA Insurance Services Pty Ltd v Kostas [2009] NSWCA 292 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 Lee v NSW Crime Commission (2013) 251 CLR 196 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Murlan Consulting Pty Ltd v Ku-ring-gai Municipal Council (2009) 170 LGERA 162 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015) 326 ALR 16 Project Blue Sky Inc v ABA (1998) 194 CLR 355 Re Maria Politis v Commissioner of Taxation [1988] FCA 739 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Warkworth Mining Ltd v Bulga Mulbrodale Progress Association Inc (2014) 86 NSWLR 527 Category: Principal judgment Parties: Vicki Wallace (Plaintiff) NSW Land and Housing Corporation (Defendant) Representation: Counsel: M Seymour (Plaintiff) N Simpson (First Defendant)