Matthews v Micallef & Ors [2021] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Matthews v Micallef & Ors [2021] NSWCATAP 191 Hearing dates: 2 June 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member C Mulvey, Senior Member Decision: 1. Time for filing the appeal is extended to 17 February 2021. 2. Leave to appeal is refused. 3. The appeal is dismissed. Catchwords: APPEAL – LAND LAW - Residential Tenancy – failure to consider relevant evidence – assessment of damages – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone (2005) NSWCA 177 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69; Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167; Searle v Commonwealth of Australia [2019] NSWCA 127 Texts Cited: Nil Category: Principal judgment Parties: Mark Matthews (First Appellant) Stacey Matthews (Second Appellant) Dominic Micallef (First Respondent) Louise Schembri (Second Respondent) Representation: C Matthews (on behalf of all Appellants ) D Tutti (Agent) (Respondents) File Number(s): 2021/00056111 (AP 21/07335) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 January 2021 Before: S Hausfeld, Member File Number(s): RT 20/40289