St George Community Housing Limited v Kapsalis [2022] NSWCATCD 28
Despite a serious breach of section 92(1)(b) being established and conviction for related offences, discretionary factors under section 154E, including medical evidence, tenant's compliance with support services and protective measures, lack of further incidents since 2019, and risk of homelessness, weigh against termination. Application dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 16 February 2022
- Procedural Posture
- Residential Tenancy Application / Final Determination
- Outcome
- Application dismissed
- Legal Topics
- ['termination of Tenancy' 'section 92 and 154 E Residential Tenancies Act' 'social Housing Tenancy' 'exercise of Tribunal Discretion']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Residential Tenancy Application / Final Determination
Legal Issues
- 1 ['Should the tenancy be terminated pursuant to section 92 of the Residential Tenancies Act 2010 (NSW)?' 'Does the application of section 154E of the Residential Tenancies Act justify the exercise of discretion to terminate or not terminate the tenancy?']
Ratio Decidendi
Despite a serious breach of section 92(1)(b) being established and conviction for related offences, discretionary factors under section 154E, including medical evidence, tenant's compliance with support services and protective measures, lack of further incidents since 2019, and risk of homelessness, weigh against termination. Application dismissed.
Court Disposition
Application dismissed
Orders
- ['The application for termination of the tenancy is dismissed.']
Full Case Text
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