Wolford v. NSW Land and Housing Corporation [2014] NSWCATAP 56

Wolford v. NSW Land and Housing Corporation [2014] NSWCATAP 56

The appellant had notice of the first instance hearing, did not comply with directions to file evidence, did not seek an adjournment, and did not adequately explain why she could not attend or arrange representation. She therefore had a reasonable opportunity to be heard and was not denied procedural fairness. The first instance Tribunal had a proper basis for its findings and orders, considered matters including the history of the tenancy, prior non-compliance with Tribunal orders and the seriousness of the incidents, and the appellant's evidence was not significant new evidence because it was reasonably available at the original hearing. The appeal was dismissed, although the possession...

Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Internal Appeal From Consumer and Commercial Division Residential Tenancy Termination and Possession Orders / Appeal Panel Decision
Outcome
Appeal dismissed; order 3 varied and otherwise the decision and orders made on 26 February 2014 affirmed.
Legal Topics
['internal Appeal' 'procedural Fairness' 'opportunity to Be Heard' 'termination of Residential Tenancy Agreement' 'rent Arrears' 'serious or Persistent Threat or Abuse' 'possession Order' 'leave to Appeal']
['administrative Law' 'residential Tenancies' 'social Housing'] ['internal Appeal' 'procedural Fairness' 'opportunity to Be Heard' 'termination of Residential Tenancy Agreement' 'rent Arrears' 'serious or Persistent Threat or Abuse' 'possession Order' 'leave to Appeal']

Case Brief

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Procedural Posture

Internal Appeal From Consumer and Commercial Division Residential Tenancy Termination and Possession Orders / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness or a reasonable opportunity to be heard when the first instance hearing proceeded in her absence.' 'Whether leave to appeal should be granted on the basis that the first instance decision was not fair and equitable or that significant new evidence had arisen.' 'Whether the tenancy was properly terminated under s 92(1) of the Residential Tenancies Act 2010 (NSW).' 'Whether the Tribunal at first instance considered relevant matters under s 152 of the Residential Tenancies Act 2010 (NSW).']

Ratio Decidendi

The appellant had notice of the first instance hearing, did not comply with directions to file evidence, did not seek an adjournment, and did not adequately explain why she could not attend or arrange representation. She therefore had a reasonable opportunity to be heard and was not denied procedural fairness. The first instance Tribunal had a proper basis for its findings and orders, considered matters including the history of the tenancy, prior non-compliance with Tribunal orders and the seriousness of the incidents, and the appellant's evidence was not significant new evidence because it was reasonably available at the original hearing. The appeal was dismissed, although the possession...

Court Disposition

Appeal dismissed; order 3 varied and otherwise the decision and orders made on 26 February 2014 affirmed.

Orders

  • ['Order 3 made on the 26th February 2014 in proceedings SH 13/63220 is set aside and in its place order 3 now is: The order for possession is suspended until 21st October 2014.' 'Otherwise the decision and orders made on the 26th February 2014 are affirmed.' 'Appeal dismissed.']