CEO Housing v Janine Coonan

Case [2010] NTMC 30
CEO Housing v Janine Coonan - [2010] NTMC 30

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Original court site URL:  file://TaskImportOverlaidSource-292925.html
Content retrieved:  April 18, 2020
Download/print date:  August 10, 2022
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1.  ATG (02.09.2018 - Editors ) [Tags: Parser warning: no effective date, Parser warning: no before]

Cited by:

Williams v CEO Housing [2013] NTSC 28 (06 June 2013) (Hiley J)
CEO Housing v Coonan [2010] NTMC 30 ; CEO Housing v Steiner [2008] NTMC 9, approved.
Williams v CEO Housing [2013] NTSC 28 (06 June 2013) (Hiley J)
23. My attention has been drawn to two decisions of the Local Court, where the provisions in
Division 4 have been used. Both of those decisions involved the court having and exercising
a discretion. In CEO Housing v Steiner [10] Little SM held that s 100 of the Residential Tenancies
Act gives the court a discretion as to whether a termination order is made. In CEO Housing v
Coonan [11] , which involved an application under s 97(2) of the Residential Tenancies Act , it

was held that the term “may” gave rise to a discretion on the part of the magistrate.

Williams v CEO Housing [2013] NTSC 28 (06 June 2013) (Hiley J)
23. My attention has been drawn to two decisions of the Local Court, where the provisions in
Division 4 have been used. Both of those decisions involved the court having and exercising
a discretion. In CEO Housing v Steiner [10] Little SM held that s 100 of the Residential Tenancies
Act gives the court a discretion as to whether a termination order is made. In CEO Housing v
Coonan [11] , which involved an application under s 97(2) of the Residential Tenancies Act , it

was held that the term “may” gave rise to a discretion on the part of the magistrate.

via

[11] CEO Housing v Coonan [2010] NTMC 30.

Commissioner for Social Housing in the ACT & Canham [2012] ACAT 41 (05 July 2012) (Mr A. Anforth,
Senior Member)

CEO Housing v Janine Coonan [2010] NTMC 30

Commissioner for Social Housing v Faull [2008] ACTRTT 20
Commissioner for Social Housing v Radovanov [2011] ACAT 12
Commissioner for Social Housing in the ACT & Canham [2012] ACAT 41 (05 July 2012) (Mr A. Anforth,
Senior Member)

44.  The third case relied upon by the Respondent was CEO Housing v Janine Coonan [2010]

NTMC 30 . This case concerned a physical assault by the tenant on her neighbour.

Details
AGLC
CEO Housing v Janine Coonan [2010] NTMC 30
Case
[2010] NTMC 30
Decision Date

CaseChat Overview and Summary

In the matter of CEO Housing v Janine Coonan, the case was heard in the Northern Territory Magistrates Court. The dispute arose from an incident where the tenant, Janine Coonan, physically assaulted her neighbour, leading to a termination of her lease. CEO Housing sought to terminate the lease based on the assault, while Coonan contested the termination, arguing that the act was a one-off incident and did not warrant such a severe penalty. The central issue for the court to decide was whether the term "may" in the relevant statute implied a discretion on the part of the magistrate to terminate the lease, and if so, whether this discretion was properly exercised.

The court examined the statutory language and previous case law, including CEO Housing v Steiner, to determine the scope of the magistrate's discretion. The court found that the term "may" indeed gave rise to a discretion, aligning with the interpretation in Steiner. It was further held that the magistrate had exercised this discretion appropriately, taking into account the severity of the incident and the need to protect the community. The court concluded that the magistrate's decision to terminate the lease was both within their statutory authority and justified by the circumstances of the case.

Based on the court's reasoning and findings, the decision to terminate Janine Coonan's lease was upheld. The court's judgment reinforced the importance of considering the gravity of tenant misconduct when exercising discretion under the Residential Tenancies Act. The final order was that the lease termination was lawful, and CEO Housing was entitled to take the necessary steps to enforce this decision.

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