Williams v Wentworth [2022] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v Wentworth [2022] NSWCATAP 22 Hearing dates: 10 December 2021 Date of orders: 31 January 2022 Decision date: 31 January 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President PH Molony, Senior Member Decision: (1) Time for lodgment of the appeal is extended to 7 October 2021. (2) Except for the purposes of making the following orders the appeal is dismissed. (3) The name of the Respondent in the proceedings below and the Appellant in this appeal is amended to Michaella Williams (also known as Mickey Williams). (4) The order made on 9 September 2021 in RT 21/20236 requiring the Appellant to pay $8,878.57 is set aside and the following order is made: "The tenant, Michaella Williams (also known as Mickey Williams) formerly of Lyly Road, Allambie Heights NSW 2100, Australia is to pay to the landlord, Rob Wentworth of 27 Lyly Road, Allambie Heights NSW 2100, Australia the sum of $8,228.57 immediately". Catchwords: APPEAL-identity of and correct name of tenant-alleged failure to serve documents on the tenant-no evidence concerning impact of COVID on tenant-extending time because of concession made by landlord and the resulting need to reduce the amount ordered to be paid. Legislation Cited: Civil & Administrative Tribunal Act 2013 NSW Civil & Administrative Tribunal Rules 2014 NSW Residential Tenancies Act 2010 (NSW) Cases Cited: None Category: Principal judgment Parties: Michaella Williams (Appellant) Rob Wentworth (Respondent) Representation: Appellant – Self-represented Respondent – Self-represented File Number(s): 2021/285275 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 9 September 2021 Before: J Levingston, General Member File Number(s): RT21/20236