Bodger v Goh [2021] NSWCATAP 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bodger v Goh [2021] NSWCATAP 59 Hearing dates: 8 March 2021 Date of orders: 15 March 2021 Decision date: 15 March 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member P Molony, Senior Member Decision: (1) Appeal allowed (2) the orders made by the Tribunal on 7 December 2020 are quashed (3) the matter is remitted to the Tribunal for hearing before a different Member upon the basis of such evidence as the Member in his or her discretion shall permit to be adduced (4) the respondent Louis Goh is directed to pay the sum of $13,525 to the Registrar of this Tribunal within 14 days to be held pending the outcome of the further hearing of the proceedings Catchwords: APPEALS – held Member failed to give adequate reasons for decision – appeal upheld – matter remitted for rehearing Legislation Cited: Residential Tenancies Act 2010 ss 43, 45 Civil and Administrative Tribunal Act s 80 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: Deborah Bodger (Appellant) Louis Goh (Respondent) Representation: P Possi as agent by leave (Appellant) Respondent (Self-Represented) File Number(s): 2020/00371241 (AP 20/52431) Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 7 December, 2020 Before: F Holles File Number(s): RT 20/32918