Jennings v Petrucci [2014] NSWCATAP 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jennings v Petrucci [2014] NSWCATAP 31 Hearing dates: Heard on the papers Decision date: 02 July 2014 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: Application for leave to appeal refused. Appeal dismissed. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - appeal - leave to appeal - whether substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: Robert Jennings (Appellant) Paul Petrucci (Respondent) File Number(s): AP 14/0035 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-03-12 00:00:00 Before: K Ross, General Member File Number(s): RT 14/03197

reasons for decision 1This is an application for leave to appeal against orders made by the Tribunal in application RT 14/03197. In those proceedings the Tribunal made orders on 12 March 2014 terminating the tenancy, an order for possessions and an order in respect of unpaid rent totalling $4,800.00 (Original Orders). 2The appellant is the tenant and the respondent is the landlord pursuant to a residential tenancy agreement. 3The original application had been listed for hearing on 3 February 2014 but was adjourned on the request of the appellant due to the ill health of the appellant's partner. The matter was then listed on 26 February 2014. The appellant appeared and the matter was again adjourned with directions for the filing of evidence. 4The matter was finally listed for hearing and determined on 12 March 2014 when the above orders were made. The appellant was present. At that hearing the Tribunal received documentary material, including a letter signed by the appellant dated 12 March 2014. In that letter the appellant said: I am aware that I am currently in $4800 of rent arrears at the above premises and am in receipt of your termination notice. But in saying this the way the contract is set up we are not really sure that we really do owe this full amount. I propose to pay these arrears off at $100 per week / on top of my usual rent. I will continue paying this extra amount until the rent arrears are paid off. 5Following the Original Orders, the respondent landlord applied for a warrant for possession which the Tribunal issued on 17 March 2014. The warrant for possession was apparently executed on 21 March 2014.