Van Someren Boyd v Van Someren Boyd [2021] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Van Someren Boyd v Van Someren Boyd [2021] NSWCATAP 37 Hearing dates: 24 November 2020 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal is refused. (2) The Appeal is dismissed. (3) The stay granted by the Appeal Panel on 30 September 2020 of orders 3-6 made by the Tribunal on 31 August 2020 is set aside. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act – claim by tenant who has executed a residential tenancy agreement to an equitable interest in the property the subject of the agreement – Tribunal's jurisdiction not ousted by claim to an equitable interest Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Rayner v Rayner [2020] NSWSC 1536 Texts Cited: Nil Category: Principal judgment Parties: Claire Van Someren Boyd (Appellant) Michael Van Someren Boyd (First Respondent) Lucette Van Someren Boyd (Second Respondent) Representation: Appellant (Self-Represented) First Respondent (Self-Represented) Second Respondent (Self-Represented) File Number(s): AP 20/37960 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 31 August 2020 Before: S Fenwick, Tribunal Member File Number(s): RT 20/22919