Jayne v Walker [2024] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jayne v Walker [2024] NSWCATAP 257 Hearing dates: 12 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member D Dinnen, Senior Member Decision: (1) An extension of time in which to appeal the Tribunal's decision of 31 May 2024 is refused. (2) The appeal is dismissed. (3) The stay order made on 27 November 2024 is lifted. (4) Pursuant to s 81 of the Civil and Administrative Tribunal Act 2013 (NSW), Order 3 of the Tribunal made on 31 May 2024 is varied to suspend the date for possession to 23 January 2025. Catchwords: APPEAL – No error on a question of law established – extension of time not warranted LEASES AND TENACIES – Revision of date for possession – avoiding need for further proceedings – – guiding principle applied – exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Wendy Jayne (Appellant) Carol Walker (Respondent) Representation: Appellant (Self-represented) M Nye, property agent (Respondent) File Number(s): 2024/00423557 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 31 May 2024 Before: N M Kennedy, General Member File Number(s): 2024/000181781