Hughes v Hume Community Housing Association Co Ltd [2023] NSWCATAP 109

Hughes v Hume Community Housing Association Co Ltd [2023] NSWCATAP 109

The Appeal Panel refused leave and dismissed the appeal because the Tribunal applied the correct two-step approach under s 115 of the Residential Tenancies Act 2010 (NSW), made findings open on the evidence that the tenant had not proved the landlord was wholly or partly motivated by a s 115(2) reason, and made no...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 April 2023
Procedural Posture
Internal Appeal From a Consumer and Commercial Division Decision Terminating a Social Housing Residential Tenancy / Appeal Panel Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed; previous stay orders lifted; original possession order varied to suspend possession for 28 days from the decision date.
Legal Topics
['no Grounds Notice to Terminate' 'retaliatory Notice' 'termination of Social Housing Tenancy' 'error of Law' 'leave to Appeal' 'suspension of Possession Order']
['leases and Tenancies' 'residential Tenancies' 'social Housing' 'tribunal Appeals'] ['no Grounds Notice to Terminate' 'retaliatory Notice' 'termination of Social Housing Tenancy' 'error of Law' 'leave to Appeal' 'suspension of Possession Order']

Source-derived case record

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Procedural Posture

Internal Appeal From a Consumer and Commercial Division Decision Terminating a Social Housing Residential Tenancy / Appeal Panel Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the Tribunal erred in finding that the landlord's no grounds notice to terminate under s 85 of the Residential Tenancies Act 2010 (NSW) was not retaliatory under s 115 of that Act." 'Whether, if the notice was retaliatory, the Tribunal erred in deciding that the tenancy should be terminated in any event.' 'Whether any error of law was established on appeal.' 'Whether leave to appeal should be granted under cl 12 of sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether exceptional circumstances justified suspending the date for possession beyond 28 days.']

Ratio Decidendi

The Appeal Panel refused leave and dismissed the appeal because the Tribunal applied the correct two-step approach under s 115 of the Residential Tenancies Act 2010 (NSW), made findings open on the evidence that the tenant had not proved the landlord was wholly or partly motivated by a s 115(2) reason, and made no House v The King error in alternatively deciding that the tenancy should be terminated even if the notice were retaliatory. The appellant also failed to establish any basis for leave to appeal or exceptional circumstances justifying suspension of possession beyond 28 days.

Court Disposition

Leave to appeal refused; appeal dismissed; previous stay orders lifted; original possession order varied to suspend possession for 28 days from the decision date.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.' 'Previous stay orders of the Appeal Panel are lifted immediately.' 'Pursuant to s 81 of the Civil and Administrative Tribunal Act 2013 (NSW) order 4 of the Tribunal dated 9 January 2023 is varied to suspend the date of possession to 28 days from the date of this...