Davies v O’Keeffe [2016] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davies v O'Keeffe [2016] NSWCATAP 43 Hearing dates: 22 January 2016 Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction: Appeal Panel Before: O Shub, Principal Member T Simon, Senior Member Decision: Appeal dismissed Catchwords: Error of law, residential tenancy, notice of hearing, premises fit for habitation, extension of time, Residential Tenancies Act, repayment of rent, s43, s45 and s47. 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 Gallo v Dawson [1990] HCA 30; 64 ALJR 458; 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Matthew Bryan v Lilly Gorgievski and Les Gorgievski [2015] NSWCATAP 186. Texts Cited: Nil Category: Principal judgment Parties: John Arthur Davies (Appellant) Peter O'Keeffe and The Estate of the late Christopher O'Keeffe (Respondent) Representation: Counsel: A Poljak instructed by Legal Aid NSW (for the appellant)

Solicitor: A Qvist for the respondent File Number(s): AP 15/56566 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 September 2015 Before: K Ross, Member File Number(s): SH 15/43167