Williams v Jeffreys [2021] NSWCATAP 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v Jeffreys [2021] NSWCATAP 305 Hearing dates: 15 September 2021 Date of orders: 06 October 2021 Decision date: 06 October 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member E Bishop, Senior Member Decision: 1. Time to lodge the Notice of Appeal is extended to 2 July 2021. 2. The appeal is allowed. 3. The Orders of the Tribunal made on 17 May 2021 in RT 21/06554 are set aside. 4. The matter is remitted to the Tribunal, differently constituted, to be determined according to law, with such new evidence as the Tribunal may permit. 5. Each party to pay their own costs of the appeal. 6. The appeal is otherwise dismissed. Catchwords: LEASES AND TENANCIES — application for extension of time in which to appeal — application for leave to appeal — error of law — appeal allowed — no evidence to support finding of fact — break lease fee — compensation — COSTS — no special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 41, 60, 80, Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), ss 47, 50, 103, 175, 187 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jackson v Land and Housing Corporation (NSW) [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Debra Iona Williams (Appellant) Bruce Jeffreys (Respondent) Representation: Counsel: K Francis (Counsel for the Respondent)