Lee v Taylor [2023] NSWCATAP 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Taylor [2023] NSWCATAP 267 Hearing dates: 21 August 2023 Date of orders: 06 October 2023 Decision date: 06 October 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member R C Titterton OAM, Senior Member Decision: 1. In so far as the appeal raises questions of law, the appeal is dismissed. 2. In so far as the appeal raises other errors, leave to appeal is refused. Catchwords: APPEAL - whether appellant establishes error on question of law - whether appellant establishes grounds for leave to appeal - whether "new evidence" relied on by appellant was not reasonably available at time of original hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, cl 12 of Sch 4 Residential Tenancies Act 2010 (NSW), ss 19, 21, 38, 39, 40, 41, 47 Residential Tenancies Regulation 2019 (NSW), cl 34 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Keen, Witchard v Pierpoint (Tenancy) [2012] NSWCTTT 511 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Saqa v Kashro [2018] NSWCATAP 265 Semaan v McIlroy; McIlroy v Semaan [2017] NSWCATAP 146 Category: Principal judgment Parties: Denise Taylor (Appellant) Annabell Lee (Respondent) Representation: Appellant (self-represented) Illawarra Legal Centre Inc - Tenants Service (Respondent) File Number(s): 2023/00206760 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD Date of Decision: 19 June 2023 Before: M Barnes, Member File Number(s): RT 23/17627