James v NSW Land and Housing Corporation [2020] NSWCATAP 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v NSW Land and Housing Corporation [2020] NSWCATAP 64 Hearing dates: 4 March 2020 Date of orders: 04 May 2020 Decision date: 04 May 2020 Jurisdiction: Appeal Panel Before: S Thode, Senior Member Dr J Lucy, Senior Member Decision: (1) The appeal is allowed. (2) Orders 1 to 4 made by the Tribunal on 14 November 2019, are set aside. (3) The proceedings are remitted to the Tribunal for redetermination in accordance with law. (4) In substitution for the Tribunal's order dismissing the appellant's adjournment application, the Appeal Panel orders as follows: (a) the proceedings are stayed until such time as the criminal proceedings against the appellant are disposed of; (b) the appellant is to advise the Tribunal and the respondent within seven days of the determination of the criminal proceedings to have application SH 19/21606 relisted. Catchwords: APPEAL - Use of leased premises for unlawful purpose – Whether Tribunal erred in failing to stay the proceedings until related criminal proceedings had been determined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Evidence Act 2008 (Vic) Residential Tenancies Act 2010 (NSW) Weapons Prohibition Act 1985 (NSW) Cases Cited: Bruce v Cole (1998) 45 NSWLR 163 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 Emerald Grain Australia Pty Ltd v Agrocorp International Pte Ltd (2014) 314 ALR 299; [2014] FCA 414 Franken v NSW Land and Housing Corporation [2016] NSWCATAP 154 Haider v JP Morgan Holdings Aust Ltd [2007] NSWCA 158 House v R (1936) 55 CLR 499 In the Matter of Gap Constructions Pty Ltd [2013] NSWSC 1262 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Lee v Director of Public Prosecutions (Cth) (2009) 75 NSWLR 581; [2009] NSWCA 347 McLachlan v Browne (No 9) [2019] NSWSC 10 McMahon v Gould (1982) 7 ACLR 202 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO [2005] FCAFC 50 NSW Land & Housing Corporation v Martin [2017] NSWCATCD 100 Skiwing Pty Ltd v Trust Co of Australia t/as Stockland Property Management [2006] NSWCA 276 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: None cited Category: Principal judgment Parties: Simeon James (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: TJ Krayem (Appellant)