Gordon v Glowberth Pty Ltd [2023] NSWCATAP 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gordon v Glowberth Pty Ltd [2023] NSWCATAP 253 Hearing dates: 9 May 2023 Date of orders: 05 September 2023 Decision date: 05 September 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member G Burton SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed except for varying order 2 made on 14 March 2023 in proceedings RT 23/03534 so that the date upon which possession is to be given is 28 days after the date of these orders. 3. Note that the stay order made by consent on 29 March 2023 is lifted by virtue of these orders on the date of these orders. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – Appellant claiming interest in property by virtue of special conditions in tenancy agreement and/or "concurrent agreement" – Claimed interest in property did not prevent termination of tenancy ADMINISTRATIVE LAW – Particular administrative bodies – NSW Civil and Administrative Tribunal – Procedural fairness – Proceedings listed for directions but Tribunal made orders determining the matter – No denial of procedural fairness where appellant was legally represented and its representative made no protest when the Tribunal indicated it proposed to determine the matter – Submissions filed by the appellant in accordance with directions had identified no legitimate basis of opposition to the orders sought Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) ss 83, 119 Cases Cited: Bale v Mills [2011] NSWCA 226 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Collins v Urban [2014] NSWCATAP 17 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421, [2019] HCA 3 Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506, [2021] HCA 17 Nathanson v Minister for Home Affairs [2022] HCA 26 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Waters v Chai [2016] NSWCATAP 248 Texts Cited: None Cited Category: Principal judgment Parties: Jerry Robert Gordon (appellant) Glowberth Pty Ltd (respondent) Representation: Counsel: J Loxton (appellant)