Latimer v Latimer [2022] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Latimer v Latimer [2022] NSWCATAP 94 Hearing dates: 16 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President L Wilson, Senior Member Decision: (1) Appeal upheld. (2) The dismissal order made on 10 December 2021 in respect of application number RT21/45882 is set aside. (3) Pursuant to section 11 of the Residential Tenancies Act 2010 (NSW)(the RT Act) it is declared that neither the residential tenancy agreement contended for by the Respondent under s 9 of the RT Act nor the alleged residential tenancy agreement contended for by the Respondent and bearing date 22 May 2020 is an agreement to which the RT Act applies. (4) Pursuant to s 11 of the RT Act it is declared that the Respondent's occupancy of the subject premises is not a residential tenancy agreement. (5) The Appellants must within 21 days file and serve evidence and submissions in support of an application for an order that the Respondent pay the Appellants costs of the appeal (6) Within 21 days thereafter the Respondent must file and serve evidence and submissions in opposition. Catchwords: APPEAL- Declarations under s11 of the Residential Tenancies Act- whether mental incapacity affected ability to enter into a residential tenancy agreement-whether an agreement existed under s9 of the Residential Tenancies Act Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Category: Principal judgment Parties: Kylie Latimer, Megan Latimer and Anne Latimer (Appellants)