McKerlie v Leeser [2023] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKerlie v Leeser [2023] NSWCATAP 11 Hearing dates: 18 January 2023 Date of orders: 23 January 2023 Decision date: 23 January 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President R Dubler SC, Senior Member Decision: 1. The application for leave to appeal is refused and the appeal is otherwise dismissed. 2. The application to refer a question of law under s 54 of the Civil and Administrative Tribunal Act 2013 is dismissed. Catchwords: PRACTICE AND PROCEDURE – leave to appeal interlocutory decision – principles applicable – no issue of principle or matter warranting grant of leave PRACTICE AND PROCEDURE – referral of question to the Supreme Court – no suitable question posed – no reason to refer to such a question Legislation Cited: Civil and Administrative Tribunal Act 2010 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Pelechowski v The Registrar, Court of Appeal (1999) 198 CLR 435; [1999] HCA 19 Rodny v Stricke [2018] NSWCATAP 136 The Owners – Strata Plan No. 80412 v Vickery [2019] NSWCATAP 71 Texts Cited: Nil Category: Principal judgment Parties: Colin McKerlie (Apellant)

Sylvia Rose Leeser (Respondent) Representation: Appellant (self-represented) B Small (Bresic Whitney) (Agent) (Respondent) File Number(s): 2022/00344904 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 02 November 2022 Before: K George, Tribunal Member File Number(s): RT 22/43591; RT 22/44479