Young v Bannister [2023] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Young v Bannister [2023] NSWCATAP 1 Hearing dates: 15 December 2022 Date of orders: 09 January 2023 Decision date: 09 January 2023 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member J McAteer, Senior Member Decision: 1. The time for lodging the Notice of Appeal is extended to 13 October 2022. 2. The appeal is allowed. 3. The orders made on 22 September 2022 and amended on 20 October 2022 are set aside. 4. In lieu thereof the following order is made. 5. The appellant (landlord) is to pay the respondent (tenant) $6,808 forthwith. Catchwords: APPEAL – Duplication of award of $1,000 at first instance – whether hearing unfair – amendment due to payment of rental bond to the landlord Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - s 41, s 80 Civil and Administrative Tribunal Rules 2014 (NSW) - cl 25 Residential Tenancies Act 2010 (NSW) Cases Cited: Charisteas v Charisteas [2021] HCA 29 Cominos v Di Rico [2016] NSWCATAP 5 Ebner v Official Trustee in Bankruptcy [2000] HCA 63 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Johnson v Johnson [2000] HCA 48 Michael Wilson & Partners Ltd v Nicholls [2011] 244 HCA 48 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Pamela Young (Appellant) Trudi Bannister (Respondent) Representation: Appellant (Self represented) Respondent (Self represented) File Number(s): 2022/00298988 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 22 September 2022 Before: J Levingston, General Member File Number(s): RT 22/11320, RT 22/14686