Bungree Aboriginal Association Ltd v Cosgrove [2023] NSWCATAP 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bungree Aboriginal Association Ltd v Cosgrove [2023] NSWCATAP 68 Hearing dates: On the papers Date of orders: 08 March 2023 Decision date: 08 March 2023 Jurisdiction: Appeal Panel Before: A. Suthers, Principal Member D. Ziegler, Senior Member Decision: 1. The appeal is allowed. 2. The order of the Tribunal made on 9 January 2023 in SH 22/55433 is set aside. 3. The proceedings are remitted to the Tribunal for reconsideration in accordance with these reasons and otherwise according to law. Catchwords: APPEALS – no evidence to support a finding of fact – decision against the weight of evidence – exercise of discretion. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Lynwood v Coffs Harbour and District Local Aboriginal Land Council [2017] NSWCATAP 62 Texts Cited: Nil Category: Principal judgment Parties: Bungree Aboriginal Association Ltd (Appellant) Aaron Cosgrove (Respondent) Representation: B. McNally (Appellant) Greater Sydney Aboriginal Tenants' Service (Respondent) File Number(s): 2023/00020771 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 09 January 2023 Before: D. Moss, Tribunal Member File Number(s): SH22/55433