Rurik v Travers [2020] NSWCATAP 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rurik v Travers [2020] NSWCATAP 242 Hearing dates: 12 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) The appeal is allowed. (2) Set aside the orders made by the Tribunal on 31 July 2020. (3) Remit the proceedings to a differently constituted Tribunal for a new hearing and re-determination of the appellant's application for an extension of time to bring his claim and, if an extension is granted, the appellant's claims, based upon the evidence already adduced by the parties and such additional evidence as the Tribunal may allow. Catchwords: APPEAL-termination of boarding house occupancy agreement-other alleged breaches of occupancy principles in the Boarding Houses Act 2012 - claim for distress-error of law in concluding s 16 of the Civil Liability Act applied. Legislation Cited: Australian Consumer Law (NSW) Boarding Houses Act 2012 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Baltic Shipping Co v Dillon (1993) 176 CLR 344 Fawzi El-Saiedy v NSW Land and Housing Corporation [2011] NSWSC 820. House v The King (1936) 55 CLR 499 Moore v Scenic Tours Pty Ltd [2020] HCA 17; 94 ALJR 481; 377 ALR 209 Tralee Technology Holdings Pty Limited v Yun Chen [2015] NSWSC 1259 Category: Principal judgment Parties: Cian Rurik (Appellant) Naomi Travers (First Respondent) Lucas Wyatt (Second Respondent) Shadd Danesi (Third Respondent) Lauvan Pty Ltd (Fourth Respondent) Representation: Solicitors: Appellant (Self Represented) Respondents (Self Represented) File Number(s): AP 20/33956 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 31 July 2020 Before: P French, General Member File Number(s): GEN 20/21335