Gay v The Minister Administering the Environmental Planning and Assessment Act [2021] NSWCATAP 359

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gay v The Minister Administering the Environmental Planning and Assessment Act [2021] NSWCATAP 359 Hearing dates: 24 May and 29 June 2021 Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member J Currie, Senior Member Decision: (1) The time for lodging the appeal is extended to 13 April 2021. (2) Appeal allowed. (3) The orders of the Tribunal made on 12 November 2021 are set aside. (4) Matter remitted to the Consumer and Commercial Division of the Tribunal to be heard and determined by a differently constituted Tribunal to re-determine according to law. (5) The Tribunal is to list the matters for the purposes of making directions in relation to any additional documents and submissions by the parties and otherwise to make the matter ready for the remitted hearing. Catchwords: APPEAL – Residential tenancy – extension of time to lodge appeal - procedural fairness – failure to adjourn – termination of a long-term tenancy – bona-fide purpose for termination– Residential Tenancies Act 2010 s94 – Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Civil and Administrative Tribunal Rules 2014 NSW Residential Tenancies Act 2010 NSW Residential Tenancies Regulation 2019 NSW Cases Cited: Celemajer Holdings Pty Ltd v Kopas [2011] NSWSC Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Rigney & Anor (No.3) [2015] FCCA 3133 Dubois v R & B Bergin Pty Ltd [2011] NSWCA 309 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister for Immigration and Multicultural Affairs v BhardwaJ (2002) 209 CLR 597 O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 Swain v Residential Tenancies Tribunal of New South Wales (Supreme Court of New South Wales, Rolfe J, unreported, 22 March 1995 Texts Cited: None Category: Principal judgment Parties: John Gay – appellant