Pupuke v Stratford [2016] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pupuke v Stratford [2016] NSWCATAP 7 Hearing dates: 11 August 2015 Date of orders: 07 January 2016 Decision date: 07 January 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member S Thode, Senior Member Decision: (1) Appeal allowed. (2) The matter is remitted to the Consumer and Commercial Division of the Tribunal for the purpose of determining what, if any, amount of the bond of $960 was paid by the appellants to the respondent and/or should be repaid to the appellants, such determination to be in accordance with these reasons and according to law. (3) For the purpose of the previous order, the Tribunal may be constituted by the same or a different member. Catchwords: Residential Tenancies Act- jurisdiction of the Tribunal to hear claim in respect of sub- tenancy Meaning of borders and lodgers. Validity of residential tenancy agreement with sub-tenant in absence of proof of consent of landlord to sub-let. Legislation Cited: Boarding Houses Act, 2012 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 1987 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Nichols, Darren (Sub-tenant) v Weller, Anthony (Head tenant) [1997] NSWRT 212 Pryor v Costa & Maroulis (Tenancy) [2005] NSWCTT 555 Radaich v Smith [1959] HCA 45 Walker v Purvesi Pty Ltd RTT 86/1986 (11 May 1987) Texts Cited: Nil Category: Principal judgment Parties: Travilla Pupuke and Mosa Vaimalu (appellants) Sarah Stratford (respondent) Representation: Ms Hammond(appellant) No appearance (respondent) File Number(s): AP 15/27305 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 12 March 2015 Before: W Sponza, General Member File Number(s): RT 15/10186