Hudson v Arap 1 (NSW) Pty Ltd [2014] NSWCATAP 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hudson v Arap 1 (NSW) Pty Ltd [2014] NSWCATAP 61 Hearing dates: 9 October 2014 Decision date: 15 October 2014 Jurisdiction: Appeal Panel Before: Wright J, President M Harrowell, Principal Member Decision: The Appeal Panel: 1. accepts the undertaking by counsel for the respondent on behalf of the respondent that the respondent will not cause or request any warrant for possession of the premises the subject of these proceedings to be executed prior to midnight on 21 October 2014 and that the respondent will request the Sheriff not to execute such a warrant prior to that time. 2. orders that: (a) the appellant's application to amend the grounds of appeal as made orally is refused; (b) the appellant's application for an adjournment to allow him to make a written application to amend the grounds of appeal is refused; (c) the appeal is dismissed. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - residential tenancy - whether right to occupy premises arises under the Contract of Sale or separate Residential Tenancy Agreement - whether new ground of appeal raised where proceedings already determined by Appeal Panel in earlier appeal - no new ground or issue - no error - appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Arap 1 (NSW) Pty Ltd v Hudson [2014] NSWCATAP 30 O'Brien v. Komesaroff (1982) 150 CLR 310 Category: Principal judgment Parties: Geoffrey Hudson (Appellant) Arap 1 (NSW) Pty Ltd (Respondent File Number(s): AP 14/46549 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-08-21 00:00:00 Before: K Rosser, Senior Member File Number(s): RT 13/66464