Firth v Liddle [2020] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Firth v Liddle [2020] NSWCATAP 249 Hearing dates: 18 November 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Appeal Panel Before: S Thode, Senior Member S Goodman, SC Senior Member Decision: (1) The appeal is allowed. (2) Orders 2 and 3 made by the Tribunal on 24 August 2020 are set aside. (3) The proceedings are remitted to the Consumer and Commercial Division for a new hearing and redetermination, according to law, of the appellant's claim for compensation for abandonment of the residential premises, based upon the evidence already adduced by the parties and such additional evidence as the Tribunal may allow. Catchwords: APPEAL – Land Law – Residential Tenancy – error of law – application of s 107 Residential Tenancies Act 2010 Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Residential Tenancies Amendment (Review) Act 2018 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Craig Firth (Appellant) Alison Jane Liddle (First Respondent) Jai Christopher Liddle (Second Respondent) Representation: Appellant (Self Represented) Respondents (Self Represented) File Number(s): AP20/37969 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 August 2020 Before: S Fenwick, Member File Number(s): RT 20/20441