Lees v Shore [2014] NSWCATAP 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lees v Shore [2014] NSWCATAP 25 Hearing dates: 21 May 2014 Decision date: 02 June 2014 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Higgins, Principal Member Decision: 1. The appeal is dismissed. 2. The stay on the operation of order 3 made on 23 April 2014 is lifted. 3. Order 3 made on 23 April 2014 is varied and the appeal panel orders that possession is to be given to the respondent immediately. Catchwords: Appeal - application for leave to appeal from decision of the Tribunal's Consumer and Commercial Division (decision at First instance) - whether the decision at First Instance was not fair or equitable on the grounds that the appellant had not received notification of the hearing - whether the document relied on by the appellant was evidence 'now available and not reasonably available at the time of the hearing of the application at First Instance Application for leave to appeal - hearing - non-appearance of the appellant at the commencement of the hearing - whether application should be heard in the absence of the appellant Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules (2014) Consumer, Trader and Tenancy Tribunal Act 2001 Residential Tenancies Act 2010 Cases Cited: Atkinson v Crowley [2011] NSWCA 194 Collins v Urban [2014] NSWCATAP 17 Hutchings v CTTT [2008] NSWSC 717 Jackson v NSW Land and Housing Corporation [2010] NSWCATAP 22 Texts Cited: - Category: Principal judgment Parties: Louise Lees (Appellant) Sam Shore (Respondent) File Number(s): AP 14/0078 Publication restriction: Unrestricted Decision under appeal Jurisdiction: 150003 Citation: Sam Shore v L Lees RT 14/18371 Date of Decision: 2014-04-23 00:00:00 Before: Member P Smith, General Member File Number(s): RT 14/18371