Stuck v Hinds [2020] NSWCATAP 259

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stuck v Hinds [2020] NSWCATAP 259 Hearing dates: 2 December 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Jurisdiction: Appeal Panel Before: S Thode, Senior Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The stay made on 6 October 2020 is lifted. (4) Order 3 of the orders made on 11 September 2020 is varied to read: 3. The order for possession is suspended to 18 December 2020. Catchwords: LAND LAW - Residential Tenancy - findings of fact – no error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177. Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Laksamee Stuck (First Appellant) Sherif Habib (Second Appellant) Debra Hinds (First Respondent) Kathleen Hinds (Second Respondent) Joyce Hinds (Third Respondent) Representation: M Habib (Appellants) P Kennison (Agent) (Respondents) File Number(s): AP 20/40195 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 September 2020 Before: C Marzilli, General Member File Number(s): RT 20/30033