Chester v Prestige Promotions Pty Ltd [2014] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chester v Prestige Promotions Pty Ltd [2014] NSWCATAP 34 Hearing dates: 8 July 2014 Decision date: 22 July 2014 Jurisdiction: Appeal Panel Before: K O'Connor AM ADCJ, Deputy President K Rosser, Senior Member Decision: Respondent's application for summary dismissal of the appeal granted. Appeal dismissed Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - appeal panel - practice and procedure - residential tenancy - order for termination and possession - tenants absent from hearing - application to set aside - refused - appeal - respondent's application for summary dismissal - granted; application for costs - granted in fixed amount. Legislation Cited: Civil and Administrative Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Category: Principal judgment Parties: Jerome Chester & Leah Chester (Appellants) Prestige Promotions Pty Ltd (Respondent) File Number(s): AP 14/0025 Publication restriction: Nil Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-02-20 00:00:00 Before: M Harrowell, Principal Member File Number(s): 14/06496; 14/01770

reasons for decision 1This is an edited and extended version of reasons delivered orally by the presiding member on behalf of the Appeal Panel on 8 July 2014. 2HIS HONOUR: The Appeal Panel has before it an application by the respondent to strike out or dismiss an appeal filed by Mr and Mrs Chester on 5 March 2014. They are the tenants of a flat at Bondi owned by the respondent. 3Section 55 of the Civil and Administrative Tribunal Act 2013 (NCAT Act) provides relevantly: The Tribunal may dismiss at any stage any proceedings before it in any of the following circumstances: (b) if the Tribunal considers tha that the proceedings are frivolous or vexatious or otherwise misconceived or lacking in substance. 4The appeal has the following background.