Ward v Nand [2021] NSWCATAP 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ward v Nand [2021] NSWCATAP 78 Hearing dates: 14 March 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J McAteer, Senior Member Decision: Appeal dismissed Catchwords: LEASES AND TENANCIES – default and termination – legislation protecting tenants – covid-19 pandemic protections – whether a tenant was an impacted tenant at the time of the termination notice and commencement of proceedings APPEALS – from findings of fact – adequacy of reasons – allowance for unhappy phrasing of the Tribunal's thoughts or a written slip – failure to comply with directions to provide evidence and transcript which may throw light on adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(3) Residential Tenancies Act 2010 (NSW), ss 228A, 228B Residential Tenancies Regulation 2019 (NSW), r 41C, 41E Cases Cited: New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Ward v Nand [2021] NSWCATAP 14 Texts Cited: Nil Category: Principal judgment Parties: Carlyon Ward (Appellant) Janice Nand (First Respondent) Jean NSB Nand (Second Respondent) Representation: Appellant in person C Anderson (Managing Agent for the Respondents) File Number(s): 2021/00056031(AP 21/01190) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 October 2020 Before: F Holles, General Member File Number(s): RT 20/27617