Morgan v Barker [2022] NSWCATAP 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morgan v Barker [2022] NSWCATAP 194 Hearing dates: 14 April 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member P Molony, Senior Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. Catchwords: APPEALS — Procedural fairness — Bias or apprehension of bias APPEALS — Procedural fairness — Hearing rule LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) – residential tenancy - claim by tenants for return of rental bond and compensation – principles in awarding damages for distress, anxiety and disappointment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 13, 25 Residential Tenancies Act 2010 (NSW), ss 47, 50, 103, 111, 175, 187 Supreme Court Rules 1970 (NSW), Pt 9, r 3 (repealed) Cases Cited: Ainsworth v Redd (1990) 19 NSWLR 78 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Baltic Shipping Co v Dillon (1993) 176 CLR 344; [1993] HCA 4 Charisteas v Charisteas [2021] HCA 29; (2021) 95 ALJR 824 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Moore v Scenic Tours Pty Limited (No 2) [2017] NSWSC 733 Moore v Scenic Tours Pty Ltd (No 4) [2022] NSWSC 270 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Torpey v Stewart [2021] NSWCATAP 248 Texts Cited: None cited Category: Principal judgment Parties: June Morgan (Appellant) Thomas Rex Barker (First Respondent) Hal Whitehead (Second Respondent) Representation: Appellant (Self-represented) First Respondent Second Respondent (Self-represented) File Number(s): 2022/00030808 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Division Jurisdiction: Consumer and Commercial Division Date of Decision: 16 January 2022 Before: P Gardner, General Member File Number(s): RT 21/52653