Jeremiasse v Shaw [2021] NSWCATAP 394

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jeremiasse v Shaw [2021] NSWCATAP 394 Hearing dates: 29 November 2021 Date of orders: 6 December 2021 Decision date: 06 December 2021 Jurisdiction: Appeal Panel Before: The Hon D A Cowdroy AO QC, Principal Member G K Burton SC, Senior Member Decision: (1) Time for filing of notice of appeal is extended from 24 to and including 25 August 2021. (2) Leave to appeal is granted, to the extent that leave is required. (3) The appeal is allowed. (4) Set aside order 1 made by the Tribunal on 10 August 2020. (5) Remit the matter to the Consumer and Commercial Division for re-hearing before a Member who did not conduct the hearing on 3 June 2021 and the hearing on 10 August 2021. Catchwords: RESIDENTIAL TENANCY – procedural fairness – adequacy of reasons – relevant and irrelevant considerations – error of law – against weight of evidence – error of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Atcheson v Knight [2018] NSWCATAP 117 Carlson v King (1947) 64 WN (NSW) 65 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 (Full Fed Ct), [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 Eadie v Harvey [2017] NSWCATAP 201 Gallagher v Masters Installation PL [2017] NSWCATAP 117 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 Kendirjian v Ayoub [2008] NSWCA 194 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme (2003) 216 CLR 212 NSW Land and Housing Corp v Orr (2019) 100 NSWLR 578, [2019] NSWCA 231 Pacorp Holdings PL v Walker [2017] NSWCATAP 167 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Russo v Brack [2016] NSWCATAP 261 Soulemezis v Dudley (Holdings) PL (1987) 10 NSWLR 247 (CA) Wainohu v NSW (2011) 243 CLR 181 Walker Corporation v Sydney Harbour Foreshore Authority (2009) 168 LGERA 1 Texts Cited: None cited Category: Principal judgment Parties: Natasha Jeremiasse (Appellant) Damien Shaw (First Respondent) Tiere Shaw (Second Respondent) Representation: Appellant (Self Represented with assistance from R Gibson and D Paris (Managing Agency)) First Respondent (Self Represented) D Shaw (Second Respondent) File Number(s): 2021/00242865 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 August 2021 Before: K Rickards, General Member File Number(s): RT 21/30838