Scoble v Schembri [2024] NSWCATCD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scoble v Schembri [2024] NSWCATCD 34 Hearing dates: 23 February 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Consumer and Commercial Division Before: M Zraika, General Member Decision: (1) The Tribunal declares pursuant to s 11 of the Residential Tenancies Act 2010 that the agreement between the Applicant and the Respondent in respect of room xxx of xxx fell within the exception in s 8(1)(c) of the Residential Tenancies Act 2010 and as such is not a residential tenancy agreement to which the Residential Tenancies Act 2010 applies. (2) The application is otherwise dismissed. Catchwords: Residential Tenancy – tenant or boarder Legislation Cited: Residential Tenancies Act 2010. ss 3, 7, 8, 13. Boarding Houses Act 2012. s32. Landlord and Tenant (Amendment) Act 1948. s8. Cases Cited: Shapkin v The University of Sydney [2023] NSWCATAP 2 Pupuke v Stratford [2016] NSWCATAP 7 Wait v Wavel Heights P/L [2005] NSWCTTT 127 Pryor v Costa & Maroulis (Tenancy) [2005] NSWCTT 555 Roberts v Waverley M.C. (1998) 14 NSWLR 423 Guider v O'Neil [2019] NSWCAT Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Darren Scoble (Applicant) Anthony Winston Schembri (Respondent) Representation: Ms Crowley-Shaw, Solicitor (Applicant) Mr Cook, Counsel (Respondent)