Kelly v Umphelby [2021] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v Umphelby [2021] NSWCATAP 148 Hearing dates: 19 May 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member S Goodman SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Non-payment of rent –– No error of law demonstrated – Leave to appeal sought and refused APPEALS – Whether lack of procedural fairness in Tribunal proceeding ex parte – Failure to comply with direction to file and serve the record of the hearing appealed from Legislation Cited: Civil and Administrative Tribunal Act 2013, ss 38(5), 80 and Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014, r 35 Cases Cited: Al Bisher v Sabbagh [2021] NSWCATAP 100 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: Liam Kelly (Appellant) Robert Umphelby (First Respondent) Melissa Polglase (Second Respondent) Representation: Appellant (Self-Represented) First Respondent (Self-Represented) Second Respondent (Self-Represented) File Number(s): 2020/00371242 (AP 20/52443) 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 November 2020 Before: C Campbell, General Member File Number(s): RT 20/41248