Gunner v Lawrence; Lawrence v Gunner [2015] NSWCATCD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gunner v Lawrence; Lawrence v Gunner [2015] NSWCATCD 127 Hearing dates: 15 October 2015 Decision date: 05 November 2015 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: 1 In RT 15/51215 (RT 12/09391): (a) The tenancy agreement is terminated and possession is to be given to the landlord immediately. (b) The order for possession is suspended for four weeks from the date of these orders. 2 In RT 12/15580: (a) The application is dismissed. 3 Any application for costs is to be made within fourteen days of the date of these orders and is to be supported by a written submission not exceeding three pages in length. Any response to the application is to be made within fourteen days thereafter and is also not to exceed three pages in length. Catchwords: Residential tenancy; remittal from Supreme Court; whether Court made finding of residential tenancy agreement; whether Tribunal bound by finding; validity of termination notice; exercise of discretion in relation to date for possession Legislation Cited: Residential Tenancies Act 2010 Consumer Trader and Tenancy Tribunal Act 2001 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Frances Beatrice Gunner (applicant) Wayne James Lawrence and Valerie Lawrence (respondents) Representation: Counsel: Ms Glover for the Applicant Self-represented Respondents Solicitors: Marshall Law (Applicant) File Number(s): RT 15/51215 (formerly RT 12/09391)RT 12/15580 Publication restriction: Nil