Crowley v King [2022] NSWCATAP 294

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Crowley v King [2022] NSWCATAP 294 Hearing dates: 2 August and 18 August 2022 Date of orders: 09 September 2022 Decision date: 09 September 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P H Molony, Senior Member Decision: 1. Appeal allowed. 2. Orders made by the Tribunal on 2 June 2022 in RT22/12983 are set aside. 3. In lieu thereof, order the respondent to pay the appellant the sum of $325 within seven days of the date of this order. Catchwords: APPEALS – question of law – whether parties estopped from denying effect of earlier consent termination orders – appeal allowed – rehearing by Appeal Panel with fresh evidence allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Charisteas v Charisteas [2021] HCA 29 Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Shaw v Hartman [2019] NSWCATAP 290 van Brugge v Foresto [2022] NSWATAP 10 Texts Cited: Cross on Evidence Category: Principal judgment Parties: William Crowley (Appellant) Caroline King (Respondent) Representation: Ray White Tamworth (Appellant) Respondent (Self Represented) File Number(s): 2022/00173022 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 05 April 2022 Before: S Hausfeld, Member File Number(s): RT22/12983