Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Hearing dates: 30 March 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: Appeal dismissed. Catchwords: LEASES AND TENANCIES - rent and outgoings – repairs – factual findings – no sound recording or transcript of hearing or oral reasons provided – inability to uphold the appeal in the absence of a sound recording or transcript of the oral evidence or oral reasons ADMINISTRATIVE LAW - particular administrative bodies - NSW Civil and Administrative Tribunal – appeals – unrepresented litigants – level of assistance – balancing the competing considerations to be taken into account Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 62 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 Moloney v Taylor [2016] NSWCA 199 Texts Cited: Nil Category: Principal judgment Parties: Yvonne Whear (Appellant) Kids on Hayes Street Pty Ltd (Respondent) Representation: Solicitors: Appellant (Self-Represented) J Stebbings (Managing Agent) (Respondent) File Number(s): 2021/00056052 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 December 2020 Before: W Priestley, General Member File Number(s): RT 20/35864; RT 20/45683