Towers v Awabakal Local Aboriginal Land Council [2021] NSWCATAP 380

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Towers v Awabakal Local Aboriginal Land Council [2021] NSWCATAP 380 Hearing dates: 15 November 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Fairlie, Senior Member Decision: 1. Time to appeal is extended up to and including 21 September 2021. 2. Appeal upheld. 3. The orders made by the Tribunal on 13 July 2021 are set aside. 4. In lieu thereof, order that the respondent's application be dismissed. 5. The appellant's application for a stay of the Tribunal's orders made on 13 July 2021 is dismissed. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – jurisdictional error – residential tenancy – residential tenancy agreement terminated by prior order of the Tribunal – jurisdictional error in purporting to terminate residential tenancy agreement which had been terminated by prior order of the Tribunal APPEALS — point not taken below — conduct of trial – had point been taken other party could possibly have called evidence to meet the point or conducted hearing differently – advancing party precluded from taking point for the first time on appeal Legislation Cited: Residential Tenancies Act 2010 (NSW), s 81(3) Cases Cited: Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270 Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Texts Cited: Nil Category: Principal judgment Parties: Candy Towers (Appellant) Awabakal Local Aboriginal Land Council (Respondent) Representation: Solicitors: Legal Aid (Appellant) Sparke Helmore Lawyers (Respondent) File Number(s): 2021/00270199 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: C Campbell, General Member File Number(s): RT 21/02949