Shepley v Robinson [2020] NSWCATAP 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shepley v Robinson [2020] NSWCATAP 125 Hearing dates: 10 December 2019 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member P H Molony, Senior Member Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The tenant is to pay the landlord the sum of $1,344.70 within 14 days. (4) Orders 1 and 2 made in RT 19/30915 and RT 29276 on 9 September 2019 are otherwise affirmed. (5) The landlord's application for costs is dismissed. Catchwords: APPEAL – residential tenancy agreement – failure to identify how tenancy ended – error of law – abandonment – compensation for loss – leave to appeal – substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: A Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33; [1991] HCA 23 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Elhassan v Ayoub [2018] NSWCATAP 34 Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Glen Shepley (Appellant) Steven Robinson (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (No Appearance) File Number(s): AP 19/44016 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 9 September 2019 Before: G Kinsey, Member File Number(s): RT 19/30915 & RT 19/29276