Nolan v St George Community Housing Limited [2021] NSWCATAP 374

Nolan v St George Community Housing Limited [2021] NSWCATAP 374

The Appeal Panel held that the C&C Division's fact-finding process was forensically and analytically defective. The reasons implied that Ms Nolan made all or most emergency services calls and that they were improper, without findings or evidence showing who made each call, the content or genuineness of the calls, how many resulted in police visits, or how the calls caused interference with neighbours' reasonable peace, comfort or privacy. This process was likely to have produced an unfair result and created a substantial miscarriage of justice because the decision was against the weight of evidence and not fair and equitable. Leave to appeal was granted, the appeal allowed, the C&C...

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Residential Tenancy Social Housing Appeal / Internal Appeal to the Appeal Panel From Orders of the Consumer and Commercial Division Made Under S 187(1)(b) of the Residential Tenancies Act 2010 (nsw)
Outcome
Leave to appeal granted; appeal allowed; decision set aside; application dismissed.
Legal Topics
['specific Performance Order' "tenant Interference With Neighbours' Reasonable Peace, Comfort or Privacy" 'leave to Appeal' 'substantial Miscarriage of Justice' 'fact Finding Process']
['residential Tenancies' 'administrative Law' 'social Housing'] ['specific Performance Order' "tenant Interference With Neighbours' Reasonable Peace, Comfort or Privacy" 'leave to Appeal' 'substantial Miscarriage of Justice' 'fact Finding Process']

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Procedural Posture

Residential Tenancy Social Housing Appeal / Internal Appeal to the Appeal Panel From Orders of the Consumer and Commercial Division Made Under S 187(1)(b) of the Residential Tenancies Act 2010 (nsw)

Legal Issues

  1. 1 ["Whether the Tribunal's fact-finding process leading to a conclusion that the tenant breached s 51(1)(c) of the Residential Tenancies Act 2010 (NSW) was likely to produce an unfair result." 'Whether the Tribunal made an error of law.' 'Whether leave to appeal should be granted.' 'Whether the appeal should be allowed and what orders should be made.']

Ratio Decidendi

The Appeal Panel held that the C&C Division's fact-finding process was forensically and analytically defective. The reasons implied that Ms Nolan made all or most emergency services calls and that they were improper, without findings or evidence showing who made each call, the content or genuineness of the calls, how many resulted in police visits, or how the calls caused interference with neighbours' reasonable peace, comfort or privacy. This process was likely to have produced an unfair result and created a substantial miscarriage of justice because the decision was against the weight of evidence and not fair and equitable. Leave to appeal was granted, the appeal allowed, the C&C...

Court Disposition

Leave to appeal granted; appeal allowed; decision set aside; application dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The decision of the Consumer and Commercial Division made on 8 March 2021 is set aside and the following decision substituted for it: the Application is dismissed.']