Wootten v Simmons [2022] NSWCATAP 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wootten v Simmons [2022] NSWCATAP 21 Hearing dates: 10 November 2021 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member G K Burton SC, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) Order 1 made in RT 21/24013 on 26 August 2021 is set aside. (4) The matter is remitted to the Consumer and Commercial Division, differently constituted, for re-hearing, with directions to be made by the Division to permit the lodgement and service of further evidence. Catchwords: RESIDENTIAL TENANCY – claims on bond – errors of law - inadequate reference to uncontradicted evidence – leave to appeal errors of fact against the weight of evidence – decision not fair and equitable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Bauskis v Liew [2013] NSWCA 367 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Hamod v NSW [2011] NSWCA 367 House v The King (1936) 55 CLR 499, [1936] HCA 40 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 Owen v Kim [2017] NSWCATAP 26 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Walker Corporation v Sydney Harbour Foreshore Authority (2009) 168 LGERA 1 Category: Principal judgment Parties: Tristan Wootten (appellant) Joel Simmons (respondent) Representation: Appellant in person Respondent in person File Number(s): 2021/00252114 Decision under appeal Court or tribunal: Consumer and Commercial Division Jurisdiction: NSW Civil and Administrative Tribunal Citation: N/A Date of Decision: 26 August 2021 Before: S Hausfeld, Member File Number(s): RT 21/24013