Martins-Lopes v Keller [2024] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martins-Lopes v Keller [2024] NSWCATAP 167 Hearing dates: 7 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Appeal Panel Before: D Ziegler, Senior Member S de Jersey, Senior Member Decision: (1) Leave is granted to the appellants to extend the time for filing the appeal to 23 May 2024. (2) The appeal is allowed. (3) The decision made by the Tribunal in 2024/00048278 on 1 May 2024 is quashed. (4) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal, differently constituted, for reconsideration in accordance with these reasons and otherwise according to law. (5) Whether any further evidence is to be allowed in the remitted proceedings is at the discretion of the Tribunal. (6) The appellants are to file and serve submissions and documents on any costs application by 14 days from the date of this decision. (7) The respondent is to file and serve submissions and documents on the costs application by 28 days from the date of this decision. (8) The appellants are to file and serve costs submissions in reply by 35 days from the date of this decision. (9) The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (10) The Appeal Panel may determine it appropriate to deal with any costs application on the papers and without a further oral hearing. (11) The Appeal Panel directs that any application for costs in respect of the proceedings at first instance is to be first made in the Consumer and Commercial Division of the Tribunal. Catchwords: APPEAL — questions of law — procedural fairness — adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: CKG v Public Guardian [2014] NSWCATAP 32 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Estate of Bovaird v Milstern Retirement Services Pty Ltd [2022] NSWCATAP 174 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jeray v Blue Mountains City Council [2024] NSWCATAP 66 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Nathanson v Minister for Home Affairs [2022] HCA 26; 276 CLR 80 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133 Texts Cited: None Cited Category: Principal judgment Parties: Geraldine Martins-Lopes (First Appellant) Scott Goodwill (Second Appellant) Christopher Keller (Respondent) Representation: Appellants (Self-represented) W Campion (agent) (Respondent) File Number(s): 2024/00191827 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 May 2024 Before: Dr S Smith, General Member File Number(s): 2024/00048278