Klaphake v New South Wales Parks and Wildlife Service [2024] NSWCATAP 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Klaphake v New South Wales Parks and Wildlife Service [2024] NSWCATAP 13 Hearing dates: 11 October 2023 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member L Wilson, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. By consent of the parties, the order for possession made in RT 22/04553 is extended by 45 days from the date of publication of these reasons. Catchwords: LEASES AND TENANCIES – twenty year residential tenancy agreement – leave to adduce fresh evidence refused – no appeal against critical findings of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Celemajer Holdings Pty Ltd v Kopas [2022] NSWSC Chapman v McLaughin [2016] NSWCATAP 212 Cheung v Yang [2013] NSWSC 1694 Collins v Urban [2014] NSWCATAP 17 Gallo v Duflou [2014] NSWCATAP 115 Hamod v State of New South Wales and Anor [2011] NSWCA 375 House v Defence Force Retirement and Death Benefits Authority (2011) 193 FCR 112 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31; P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Roads and Traffic Authority v Swain [1997] NSWSC 181; (1997) 41 NSWLR 452 Swain v Residential Tenancies Tribunal of New South Wales (Supreme Court of New South Wales), Rolfe J unreported, 22 March 1995 Texts Cited: None cited Category: Principal judgment Parties: Van Klaphake (Appellant) New South Wales Parks and Wildlife Service (Respondent) Representation: Counsel: J O'Connor (Appellant) C Koikas (Respondent)