Kelly v Mechler [2020] NSWCATAP 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v Mechler [2020] NSWCATAP 276 Hearing dates: 7 December 2020 Date of orders: 7 & 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member Dr J Lucy, Senior Member Decision: On 7 December 2020, the Tribunal made the following order in the appeal from the orders in proceedings RT 20/26827: (1) Appeal dismissed under s 55(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). On 18 December 2020, the Tribunal made the following orders in the appeal from the orders in proceedings RT 20/34684: (1) Leave to appeal on the ground of appeal which does not identify a question of law is refused; (2) Appeal dismissed; (3) The stay application made on 10 December 2020 is dismissed. Catchwords: APPEALS – Residential tenancy proceedings – Where tenant did not appear at hearing and Tribunal made orders terminating the residential tenancy agreement and for the payment of rental arrears – Where tenant claimed that the Tribunal did not telephone him at the time of the hearing – Whether evidence established that Tribunal failed to telephone the tenant – Whether leave should be granted to appeal on ground that finding about rental arrears was erroneous Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 43, 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 25, 35 Residential Tenancies Act 2010 (NSW), ss 87, 228A Residential Tenancies Regulation 2019 (NSW), cll 41A, 41B Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Chen v NSW Land and Housing Corporation [2020] NSWCATAP 238 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: Milton Kelly (Appellant) Viola Mechler (Respondent) Representation: Appellant (Self Represented) A Romano (Agent) (Respondent) File Number(s): AP 20/43020 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 7 October 2020 Before: M Eftimiou, General Member File Number(s): RT 20/26827 and RT 20/34684