Capon v Snyman [2014] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Capon v Snyman [2014] NSWCATAP 35 Hearing dates: 16 July 2014 Decision date: 25 July 2014 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member S Higgins, Principal Member K Rosser, Senior Member Decision: 1. Time to appeal is extended to 3 July 2014. 2. The application for leave to appeal on the merits is dismissed. 3. Save as to the orders in order 4 and 5 below, the appeal is dismissed. 4. Order 3 of the Tribunal decision at first instance is varied by deleting the date 14 May 2014 and substituting the date 30 July 2014. 5. Order 6 of the Tribunal decision at first instance is varied by deleting the amount of $10,400.00 and substituting the amount of $10,280.00. 6. The stay on the operation of the orders of the Tribunal at first instance is lifted. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - appeal panel - Residential Tenancy - sub lease of residential premises - tribunal order terminating sub-lease on grounds of failing to pay rent -whether extension to appeal out of time should be granted Legislation Cited: Civil and Administrative Decisions Tribunal Act 2013 Civil and Administrative Decisions Tribunal Regulation 2013 Civil and Administrative Decisions Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: ABH v NSW Trustee and Guardian [2014] NSWCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Nadia Marie Capon (appellant) Carl Snyman (respondent) Representation: N M Capon, in person (appellant) S Orr, agent (respondent) File Number(s): AP14/0269 Decision under appeal Citation: Carl Snyman v Nadia Marie Capon Date of Decision: 2014-05-07 00:00:00 Before: FE Gray, Member File Number(s): RT14/18297