Juskey v Stanfield [2022] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Juskey v Stanfield [2022] NSWCATAP 224 Hearing dates: 9 March 2022 Date of orders: 08 July 2022 Decision date: 08 July 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member M Gracie, Senior Member Decision: 1. Appeal allowed. 2. The proceedings are remitted to a differently constituted Tribunal for re-determination. 3. The Tribunal is to make directions which give the parties the opportunity to serve such evidence as they may wish to rely upon in the re-determination of these proceedings. Catchwords: APPEAL — questions of law - constructive failure to exercise jurisdiction — unreasonable or plainly unjust exercise of the Tribunal's discretion — procedural fairness — failure to take into account relevant considerations — approach to assessment of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2) Residential Tenancies Act 2010 (NSW), ss 51(1)(d), 51(3)(b) Cases Cited: Carbery v Warringah Rugby Club Ltd [2021] NSWCATAP 153 Cominos v Di Rico [2016] NSWCATAP 5 Croghan v Rees [2021] NSWCATAP 328 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26; DVE18 v Minister for Home Affairs (2020) 276 FCR 401; [2020] FCAFC 83 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 House v The King (1936) 55 CLR 499; [1936] HCA 40 Orr v Cobar Management Pty Ltd [2020] NSWCCA 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 STAR Training Academy Pty Ltd v Commissioner of Police (No 2) NSWCATAP 98 Vasales v Li [2021] NSWCATAP 295 ZEJ v ZEL [2018] NSWCATAP 252 Texts Cited: None cited Category: Principal judgment Parties: Agnes Juskey (Appellant) Imogen Stanfield (Respondent) Representation: Counsel: D Gattuso (Appellant)