Cousins v Rennie [2021] NSWCATAP 414

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cousins v Rennie [2021] NSWCATAP 414 Hearing dates: 14 December 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member R C Titterton OAM, Senior Member Decision: 1. Leave granted to the appellant to appeal out of time. 2. Leave to appeal is refused. 3. The appeal is dismissed Catchwords: APPEAL – failure to provide transcript of proceedings with reference to evidence in the proceedings under appeal and the reasons of the Member – difficulty in considering the appeal – new evidence allowed – held appellant landlord did not discharge onus of proof that respondent tenants had caused damage – leave to appeal refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - s 80, Sch 4 Public Health Act 2010 (NSW) Cases Cited: None Category: Principal judgment Parties: Paul Cousins (Appellant) Jacqueline Rennie and Sonia Battistel (Respondents) Representation: V Ibrahim (agent for Appellant) J Rennie (Respondent) File Number(s): 2021/00282612 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 September 2021 Before: G Kinsey File Number(s): RT 21/32028