CAN22 Pty Ltd (Receivers and Managers Appointed) v Barbaro [2023] NSWCATCD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CAN22 Pty Ltd (Receivers and Managers Appointed) v Barbaro [2023] NSWCATCD 144 Hearing dates: 22 August 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The application is transferred to the Supreme Court of New South Wales.

Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – whether an agreement is a residential tenancy agreement – whether an agreement for the sale of land that confers a right to occupy – landlord's right to access residential premises – termination of tenancy – non-payment of rent – whether issue arising in the application was the subject of proceedings before the Supreme Court of NSW on the date the application was made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 16, 17, 28, 29, 36, Schedule 4, clauses 5, 6 Residential Tenancies Act 2010 (NSW), ss 3, 8, 11, 60, 87, 119, 187 Residential Tenancies Regulation 2019 (NSW), s 40 Cases Cited: Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 944 Lawrance v Gunner; Gunner v Lawrence [2015] NSWSC 1229 Sunaust Properties Pty Ltd v Owners – Strata Plan No 64807 [2022] NSWSC 1643 Texts Cited: Nil Category: Principal judgment Parties: CAN22 Pty Ltd (Receivers and Managers Appointed) (Applicant)

Lina Barbaro (Respondent) Representation: Counsel: