Nichols v Ford [2024] NSWCATEN 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nichols v Ford [2024] NSWCATEN 3 Hearing dates: 9 May 2024 Date of orders: 02 August 2024 Decision date: 02 August 2024 Jurisdiction: Enforcement Before: Coleman SC ADCJ, Principal Member Decision: (1) That, subject to the operation of Orders 2, 3, 4 and 5, the Respondent be referred to the Supreme Court of NSW to be dealt with for contempt of the Tribunal. (2) That the operation of Order 1 is stayed for 14 days from the date of the decision of the Tribunal. (3) That the Registrar forthwith email the Tribunal's decision to the Respondent. (4) That, within 14 days, at his risk as to costs, the Respondent has leave to make an application to the Tribunal, supported by affidavit evidence, to discharge or vary Order 1 of the Tribunal's orders. (5) That Order 1 of the Tribunal's orders be vacated, and the referral application be dismissed in the event that the Respondent complies with Order 4 of the orders of the Tribunal of 21 December 2023 within 21 days of these orders. Catchwords: CONTEMPT — Civil contempt — Breach of orders — application for referral to Supreme Court of NSW pursuant to s 73(5) of the Civil and Administrative Tribunal Act 2013 — failure of Respondent landlord to provide Applicant an updated ledger — whether Respondent's conduct "capable" of establishing contempt — whether Applicant's application raises a case which is "serious" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: DVI v ZTT [2021] NSWCATEN 4 JW v Department of Communities and Justice [2023] NSWDC 566 Mohareb v Palmer [2017] NSWCA 281 Witham v Holloway (1995) 183 CLR 525 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd [2015] HCA 21 Category: Principal judgment Parties: Kathryn Nichols (Applicant) Brendan Ford (Respondent) Representation: Applicant (self-represented) Respondent (self-represented) File Number(s): 2024/00112115 Publication restriction: Nil