Lowe v Armour [2021] NSWCATCD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lowe v Armour [2021] NSWCATCD 50 Hearing dates: 19 August 2021 Date of orders: 19 August 2021 Decision date: 19 August 2021 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: (1) Upon lodgement of letters of administration with the Tribunal granting to the applicant administration of the estate of the late Alexander Lowe, the name of the applicant is amended to Amber Lowe in her own right and as administrator of the Estate of the Late Alexander Lowe; (2) Subject to any extension of time, the applicant is to lodge the letters of administration with the Tribunal within 28 days from the date of these orders and serve a copy of the document upon each of Ms Armour and the NSW Trustee; (3) Upon lodgement of the letters of administration with the Tribunal, the NSW Trustee and Guardian is removed as a respondent. (4) On or before 24 September 2021 the applicant is to file and serve any evidence and submissions in support of her claims together with a short statement setting out the orders sought in respect of each item of claim and the reasons why such orders should be made. That statement must identify: (a) Whether the residential tenancy agreement was oral or in writing and the date it was entered into. If in writing a copy must be provided. (b) The amount of the bond for which claim is made. (c) The particular goods for which an order is sought. (5) On or before 8 October 2021 the respondent, Ms Armour, must file and serve any evidence and submissions in reply, including a statement setting out any claims she makes in connection with the payment of the bond. Such statement must identify the basis upon which any claim is made to the bond, the particular asserted breach or breaches of the residential tenancy agreement said to justify an order that she be entitled to retain the bond or part thereof and the amount claimed in respect of each breach and how it is calculated. (6) Evidence from all parties and their witnesses must be in the form of a signed statement or statutory declaration and all witnesses must be available for cross-examination at the hearing. (7) All evidence including witness statements and other documents provided by each party must be provided in a bundle, indexed and paginated. The bundle required by these directions must include all documents previously provided to the Tribunal so that all material is contained in one bundle. (8) Failure to comply with these orders may prevent a party relying on documents provided late or other than in accordance with these directions. (9) Documents provided to the Tribunal must be in hard copy. (10) The proceedings are to listed for hearing after 15 October 2021 on a date to be fixed by the Registrar. Catchwords: PRACTICE AND PROCEDURE – deceased tenant – no Will and no grant of Letters of Administration – wife of deceased not living at residential premises and not party to residential tenancy agreement – proper applicant where wife of deceased tenant claims interest in bond and return of goods left on premises LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – bond claim – persons entitled to claim – "person who has an interest" UNCOLLECTED GOODS – Uncollected Goods Act 1995 (NSW) – recovery of goods left on premises – persons entitled to claim – "person who has an interest" Legislation Cited: Residential Tenancies Act 2010 (NSW) Probate and Administration Act 1898 (NSW) Uncollected Goods Act 1995 (NSW) Cases Cited: Byers v Overton Investments Pty Ltd [2001] FCA 760; (2001) 109 FCA 554 Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell [2019] NSWCA 299 Texts Cited: NIL Category: Principal judgment Parties: Amber Lowe (Applicant) Krystle Armour (First Respondent) NSW Trustee and Guardian (Second Respondent) Representation: Applicant (self-represented) First Respondent (no appearance) Ms K Papadopoulos (Second Respondent) File Number(s): RT 21/24855 Publication restriction: NIL