Cossalter v Morgan [2022] NSWCATAP 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cossalter v Morgan [2022] NSWCATAP 136 Hearing dates: 19 April 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: 1. In matter 2021/00370290: (a) to the extent that the appeal alleges an error of law, the appeal is dismissed; (b) to the extent that the appellant seeks to appeal the interlocutory decision of the Tribunal not to extend the time for bringing an application to challenge the landlord's notice of rental increase of 17 September 2021, leave to appeal is refused, and the appeal is otherwise dismissed; (c) to the extent that the appeal raises errors other than an error of law, leave to appeal is granted and in lieu of order (1) of the orders of 14 December 2021 in RT 21/36513 the Appeal Panel orders the the tenant CARLO COSSALTER to pay landlord VANESSA MORGAN the sum of $640.00 within 14 days of the date of these Reasons; 2. In matter 2022/0051734: (a) the time for the filing of the notice of appeal is extended to 18 February 2022; (b) to the extent that the appeal raises errors other than an error of law, leave to appeal is granted and order (6) of the Tribunal of 2 February 2022 in matter RT 22/00769 is amended so as to read: "The tenant CARLO COSSALTER is to pay the landlord, VANESSA MORGAN the sum of $7,588.00, less the amount of the bond paid to VANESSA MORGAN by Rental Bond Services, on or before 14 days from the date of these Reasons"; (d) Rental Bond Services is directed to pay the respondent the whole of the bond S764019-9. (e) the appeal is otherwise dismissed. Catchwords: APPEALS – appeals from interlocutory decisions – leave required - appeals on questions of law – appeals where leave required – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 3, 80; cl 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW) – rr 3, 25(4)(b)) Residential Tenancies Act 2010 (NSW) - ss 44(1)(a), s 44(1)(b) Cases Cited: Bajic v Paraskevopoulos [2018] NSWCATAP 192 Carbery v Warringah Rugby Club Ltd [2021] NSWCATAP 153 CEU v University of Technology Sydney [2018] NSWCATAD 13 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Di Salvo v Leung [2014] NSWCATAP 44 Elsayed v Tassone [2022] NSWCATAP 69 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Politis v Federal Commissioner of Taxation [1988] FCA 446 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ratnam v Cumarasamy (1965) 1 WLR 8 at 12; (1964) 3 All ER 933 Category: Principal judgment Parties: Carlo Cossalter (Appellant) Vanessa Morgan (Respondent) Representation: Appellant self-represented V Navone, representative (Respondent) File Number(s): 2021/00370290, 2022/0051734 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 December 2021, 2 February 2022 Before: S Dutra, General Member; K George, General Member File Number(s): RT 21/36513; RT 22/00769