Thomas v Slade [2023] NSWCATAP 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thomas v Slade [2023] NSWCATAP 56 Hearing dates: 22 February 2023 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Appeal Panel Before: D Charles, Senior Member D Ziegler, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: LEASES AND TENANCIES – residential tenancies – meaning of s 51(3)(c) Residential Tenancies Act 2010 (NSW) APPEALS – leave to appeal - whether decision against the weight of evidence – whether decision not fair and equitable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Category: Principal judgment Parties: Karen Thomas (Appellant) Robert Slade (First Respondent) Tina Slade (Second Respondent) Ellie Slade (Third Respondent) Jake Lennard (Fourth Respondent) Representation: C Speechley (Agent) (Appellant) Respondents (Self-represented) File Number(s): 2022/00383151 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: None Cited Date of Decision: 05 December 2022 Before: G Towney, General Member File Number(s): RT 22/41661