Kjoller v Tailford [2016] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kjoller v Tailford [2016] NSWCATAP 4 Hearing dates: 14 December 2015 Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President S Thode, Senior Member Decision: AP 15/51869 1. The time for lodging the appeal is extended to 11 September 2015. 2. Leave is granted for the appellant to appeal on grounds other than a question of law. 3. The decision of the Tribunal to dismiss the application is set aside but only in relation to the appellant's claim for damages. 4. The appellant's claim for damages is to be reconsidered by the Tribunal without further evidence in accordance with these reasons.

AP 15/51894 1. The time for lodging the appeal is extended to 11 September 2015. 2. The decision of the Tribunal that: "The respondent is directed to pay the applicant the sum of $1,040.64 immediately" is set aside. 3. The case is to be reconsidered by the Tribunal without further evidence, in accordance with these reasons. Catchwords: RESIDENTIAL TENANCIES – appeal from decision dismissing landlord's claim for damages – leave to appeal on grounds other than a question of law - fact finding process unorthodox and unfair RESIDENTIAL TENANCIES – appeal from decision that landlord repay bond to tenant – decision dependent on earlier decision dismissing landlord's claim for damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hall v Hawkins [2015] NSWCATAP 197 Hamod v State of New South Wales [2011] NSWCA 375 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 K v K [2000] NSWSC 1052 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re F [2001] FamCA (2001) 161 FLR 189 Tomasevic v Travaglini & Anor [2007] VSC 337 Category: Principal judgment Parties: Lisa Kjoller (Appellant) Chantel Tailford (Respondent) Representation: L Kjoller (Appellant in person) A Shirvington (agent for Respondent) File Number(s): AP 15/51894AP 15/51869 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 April 2015 (RT 15/07247) 11 August 2015 (RT 15/35579) Before: S Fenwick, General Member File Number(s): RT 15/07247 RT 15/35579