Ward v Nand [2021] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ward v Nand [2021] NSWCATAP 14 Hearing dates: 21 January 2021 Date of orders: 22 January 2021 Decision date: 22 January 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President Decision: 1. Jean NSB Nand is added as a respondent to the application to reinstate and the appeal following reinstatement. 2. The time to lodge the application to reinstate appeal AP 20/43753 is extended to 7 January 2021. 3. Pursuant to s 55(2) of the Civil and Administrative Tribunal Act 2013 (NSW) appeal AP 20/43753 is reinstated. 4. In respect of the appeal, the following directions are made: a) The Appellant is to lodge with the Appeal Panel and give to the Respondents by 19 February 2021: (i) All the evidence given to the Tribunal together with a transcript of the hearing; (ii) The Appellant's written submissions in support of the appeal. b) The Respondents are to lodge with the Appeal Panel and give to the Appellant by 5 March 2021: (i) any evidence upon which they intend to rely (if the Appellant defaults in providing all evidence and a transcript); and (ii) the Respondents' written submissions in opposition to the appeal. c) The Appellant is to lodge with the Appeal Panel and give to the Respondents any written submissions in reply by 12 March 2021. d) The Appeal is listed for hearing on 16 March 2021 at 2:15pm by telephone for half a day. e) The issue of whether the Appeal Panel should give leave to appeal on grounds other than a question of law is to be determined at the hearing of the appeal. f) If the Appellant fails to provide all evidence and transcript as directed, his appeal may be dismissed. Catchwords: PRACTICE AND PROCEDURE – reinstatement of proceedings – multiple reinstatement applications – utility of reinstating proceedings – Extension of time to lodge reinstatement application – Residential tenancy proceedings – termination order challenged – tenant affected by COVID-19 pandemic Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Fabrizio v NSW Land and Housing Corporation [2016] NSWCATAP 21 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Wallace v Price [2017] NSWCATAP 151 Texts Cited: Nil Category: Procedural and other rulings Parties: Carlyon Ward (Appellant) Janice Nand (Respondent) Representation: Solicitors: Appellant (Self represented) McGrath Estate Agents (Agent) (Respondent) File Number(s): AP 21/01190 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 08 October 2020 Before: F Holles, General Member File Number(s): RT 20/27617