Scicluna v New South Wales Land and Housing Corporation

The New South Wales Court of Appeal considered an appeal by Mr Scicluna against the New South Wales Land and Housing Corporation. The dispute concerned an order made by the Consumer, Trader and Tenancy Tribunal terminating Mr Scicluna's residential tenancy agreement. The primary issue before the Court of Appeal was whether it had the power to hear the appeal, given the interplay between section 75A of the *Supreme Court Act 1970* (NSW) and section 67 of the *Consumer, Trader and Tenancy Tribunal Act 2001* (NSW).

The Court was required to determine whether the Tribunal had decided a question of law, which is a prerequisite for an appeal under section 75A of the *Supreme Court Act*. It also had to consider whether section 67 of the *Consumer, Trader and Tenancy Tribunal Act*, which states that the Tribunal's Act "has effect subject to any Act," limited or excluded the operation of section 75A of the *Supreme Court Act*. Furthermore, the Court needed to ascertain whether it could make orders regarding the constitution of the Tribunal and, if an appeal was upheld, whether to remit the matter for rehearing or make its own determination.

The Court reasoned that section 75A of the *Supreme Court Act* conferred a broad right of appeal on questions of law, and that section 67 of the *Consumer, Trader and Tenancy Tribunal Act* did not limit this right. The Court found that the Tribunal had erred in law in its application of section 64 of the *Residential Tenancies Act 1987* (NSW), which governs the termination of tenancy agreements. Specifically, the Tribunal failed to adequately consider the circumstances of the tenant, including his blindness and the fact that he occupied social housing, when determining whether to terminate the agreement due to alleged breaches related to the manufacture and sale of illegal drugs.

Consequently, the Court of Appeal granted leave to appeal, upheld the appeal, and set aside the orders of both the Tribunal and the primary judge. The matter was remitted to the Tribunal to be reheard and decided in accordance with the law.