Davis v Anglican Community Services [2022] NSWCATAP 402

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davis v Anglican Community Services [2022] NSWCATAP 402 Hearing dates: 28 November 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member M Gracie, Senior Member Decision: 1. The appeal is dismissed. 2. Leave to appeal is refused. 3. Costs are reserved. 4. Any party seeking an order for costs file and serve written submissions not exceeding 5 pages in length in support of such application within 21 days. 5. A party resisting an application for costs file and serve written submissions not exceeding 5 pages in length in opposition to such application within 42 days. 6. Any party opposing an order dispensing with a hearing of any costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 file and serve written submissions in support of such opposition within 42 days. Catchwords: APPEAL– whether material error of fact or error of law established- whether leave to appeal should be granted- whether new evidence should be received Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Edwards v Noble [1971] HCA 54 [1971] 125 CLR 296 Fox v Percy [2003] HCA 22 [2003] 214 CLR 118 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v West Murray Irrigation Limited [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Ros v Commissioner of Police [2020] NSWCATAP 70 Category: Principal judgment Parties: Theresa Davis (Appellant) Anglican Community Services (Respondent) Representation: Appellant (Self represented) Jeremy Antcliff (Agent for Anglican Community Services) (Respondent) File Number(s): 2022/00277629 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 31 August 2022 Before: L Wilson, Senior Member File Number(s): SH 22/26326