NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brentin v Berry [2022] NSWCATAP 388 Hearing dates: 29 November 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Burton SC, Senior Member Decision: Appeal dismissed. Catchwords: APPEAL- termination of tenancy- whether tenant may raise a new issue on appeal not raised at first instance- whether a Notice of Termination may be revoked-claim for costs Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Chester v Prestige Promotions Pty Ltd [2014] NSWCATAP 34 Coulton v Holcombe (1986) 162 CLR 1 McInnes v Rheem Australia Pty Ltd [2021] NSWCA 89 Mendonca v Tonna [2017] NSWCATAP 176 Water Board v Moustakas (1998) 180 CLR 491 Texts Cited: None cited Category: Principal judgment Parties: Adriana Brentin (Appellant) Lorraine Berry (Respondent) Representation: N Whitehall (Agent) (Appellant)
Counsel: E Vuu (Respondent) File Number(s): 2022/00233125 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 28 July 2022 Before: K Ross, Senior Member File Number(s): RT 22/24061
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