Cure v Bridge Housing Ltd [2014] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Hearing dates: Determined on the papers. Decision date: 11 November 2014 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member S Thode, Senior Member Decision: An oral hearing of this appeal matter be disposed with. An extension of time to 20 May 2014 be granted for the lodging of the Notice of Appeal. The appeal be allowed. Set aside the orders of the Tribunal at first instance made on 20 March 2014. The whole of the case be reconsidered by the Tribunal as constituted by the same Member, in accordance with the Appeal Panel's construction of s 90(1) of the Residential Tenancies Act 2010 and in accordance with the following directions: a. the Respondent file and serve any further evidence and submissions upon which it intends to rely by 21 November 2014; b. the Appellant file and serve any further evidence and submissions in reply by 19 December 2014. c. Nothing in these orders prevents the Tribunal from making further directions if necessary. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - appeal against orders terminating residential tenancy agreement - matter to be determined on the papers by consent - application for extension of time grated - meaning of the Residential Tenancy Act 2010 (NSW), s 90(1) - proceedings remitted. Legislation Cited: Civil and Administrative Act 2013 (NSW) Crimes Act 1900 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Department of Housing v Moore [2004] NSWCTTT 277 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing v Bloomfield [2013] NSWCTTT 645 Wong, Go v Eggins (Tenancy) [2003] NSWCTTT 535 Texts Cited: Halsbury's Laws of Australia Category: Principal judgment Parties: Jules Byron Cure (Appellant) Bridge Housing Ltd (Respondent) File Number(s): AP 14/46379 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-03-20 00:00:00 Before: G Meadows, Senior Member File Number(s): SH 13/39825