Hunt v Lang [2021] NSWCATAP 361

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hunt v Lang [2021] NSWCATAP 361 Hearing dates: 9 November 2021 Date of orders: 16 November 2021 Decision date: 16 November 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Robertson, Senior Member Decision: 1. Extend time for the filing of the Notice of Appeal to 3 August 2021 on the condition that the appellant reimburses the respondent the amount of $99 being the cost of obtaining a certificate of judgment in the Local Court. 2. Allow the appeal. 3. Set aside Order 1 made on 13 July 2021 in proceedings RT 21/20082. 4, Remit the proceedings to the Consumer and Commercial Division of the Tribunal for hearing by the Tribunal differently constituted, on such evidence as the parties may see fit to file in accordance with directions of the Tribunal. 5. Order the respondent to reimburse to the appellant the amounts paid by the appellant in partial payment of the Tribunal's decision, less the $99 referred to in Order 1, within 28 days of the date of these orders. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Landlord's obligation to ensure there is no legal impediment to occupation of residential premises as a residence – Definition of "residential premises" – Requirement that premises be intended to be used as a residence – Necessary to consider intention of parties at time of entry into a tenancy agreement WORDS AND PHRASES – "Residential premises" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v di Rico [2016] NSWCATAP 5 Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1996] 2 Qd R 462 NSW Land & Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Torpey v Stewart [2021] NSWCATAP 248 Category: Principal judgment Parties: Kara Hunt (Appellant) Michelle Lang (Respondent) Representation: Both parties self-represented File Number(s): 2021/0222055 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 July 2021 Before: D Barnetson, Tribunal Member File Number(s): RT 21/20082