Van Someren Boyd v Van Someren Boyd (No 2) [2021] NSWCATAP 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Van Someren Boyd v Van Someren Boyd (No 2) [2021] NSWCATAP 126 Hearing dates: 23 March and 27 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member R C Titterton OAM, Senior Member Decision: (1) In Appeal number 2020/00371266: (a) Set aside order number 2 made on 15 December 2020 in proceedings RT 20/46127 and in lieu thereof order that the residential tenancy agreement is terminated on 15 December 2020; (b) Set aside orders numbered 3 and 5 made on 15 December 2020 in proceedings RT 20/46127; (c) Order that proceedings RT 20/46127 be remitted to the Tribunal to determine whether Claire Van Someren Boyd can establish an interest in the property Land Title Reference B/301074 which would entitle her to remain in possession of the premises at 1 ****** **** Lismore notwithstanding the termination of the Residential Tenancy Agreement and, if so, whether an order for possession should be suspended for a reasonable period to permit Claire Van Someren Boyd to obtain relief from a court of competent jurisdiction; (d) Appeal otherwise dismissed. (2) In Appeal number 2021/00075515: (a) By consent that the appeal be reinstated; (b) Appeal dismissed. Catchwords: LEASES and TENANCIES - Residential Tenancies Act - Law Reform (Law and Equity) Act- claim by tenant to an equitable interest in the property-whether the Tribunal should have determined if the tenant was entitled to remain in possession by reason of that interest notwithstanding the termination of the residential tenancy agreement. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Law Reform (Law and Equity) Act 1972 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Rayner v Rayner [2020] NSWSC 1536 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Ltd [2015] NSWSC 289 Van Someren Boyd v Van Someren Boyd [2021] NSWCATAP 37 Texts Cited: Nil Category: Principal judgment Parties: Claire Van Someren Boyd (Appellant) Respondents: Michael Van Someren Boyd (First Respondent) Lucette Van Someren Boyd (Second Respondent) Representation: Solicitors: Appellant (Self-Represented) J Dietrich (Agent) (Respondent) File Number(s): 2020/00371266 and 2021/0075515 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 15 December 2020 Before: W Priestley, Member File Number(s): RT 20/46127 and RT 20/46133