PTM Corporate Advisory Pty Ltd v Temple [2015] NSWCATAP 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PTM Corporate Advisory Pty Ltd v Temple [2015] NSWCATAP 218 Hearing dates: 6 October 2015 Date of orders: 12 October 2015 Decision date: 12 October 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President D Goldstein, Senior Member Decision: Pursuant to section 63 orders made by the Appeal Panel on 12 October 2015 are amended to read: (1) The application for an extension of time in which to appeal is refused. (2) The appeal is dismissed. (3) These orders come into effect 14 days from the date of these reasons. (4) The stay order made on 30 September 2015 continues until the appellant's vacate the premises. (5) The respondent has liberty to apply for a variation or revocation of the stay order if the conditions are breached. Catchwords: CONSENT ORDERS – appeal out of time – length and reason for delay – merits of appeal - alleged misrepresentation by landlord to tenants that if they signed terms of settlement terminating the tenancy, the landlord would negotiate in good faith in relation to the continuation of the tenancy agreement - whether terms of agreement on which consent orders were based are invalid - – misrepresentations as to future conduct –leave to appeal out of time refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 41, 59, 80(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW) 25(4)(b) Residential Tenancies Act 2010 (NSW) s 87 Cases Cited: Civil Service Co-operative Society of Victoria Ltd v Blyth (1914) 17 CLR 601 Gary John Mackin v Roger Belmonte as Executor of the Estate of the late Doris Hilda Mackin [2015] NSWSC 1226 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Clancy v Prince [2001] NSWSC 85 Smith v New South Wales Bar Association (1992) 176 CLR 256 Texts Cited: Bernard Cairns, Australian Civil Procedure (8th ed, 2009 Law Book Co) J W Carter, Carter on Contract (LexisNexis online ) Category: Principal judgment Parties: PTM Corporate Advisory Pty Ltd and Peter Bartleet (Appellants) Clare Temple (Respondent) Representation: P Bartleet (In person and agent for 1st Appellant) A Williams (Agent for Respondent) File Number(s): AP 15/53229 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 August 2015 Before: S De Jersey File Number(s): RT 15/42772