Lawrence v Gunner [2016] NSWCATAP 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lawrence v Gunner [2016] NSWCATAP 44 Hearing dates: 12 February 2016 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Appeal Panel Before: O'Connor AM, ADCJ, Deputy President Appeals J Lucy, Senior Member Decision: Appeal dismissed Catchwords: RESIDENTIAL TENANCIES – Remittal of proceedings from Supreme Court to Tribunal – Whether Tribunal bound by finding that the appellants' occupation of the subject property is founded on a residential tenancy agreement with the respondent. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 944 Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229 Lawrence v Gunner [2015] NSWCA 322 Lawrence v Gunner (No 2) [2015] NSWCA 395 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Wayne James Lawrence (First Appellant) Valerie Teresa Lawrence (Second Appellant) Frances Beatrice Gunner (Respondent) Representation: In person (Appellants) Counsel: D Hourigan (Respondent) Solicitors: Marshall Law (Respondent) File Number(s): 15/63453 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division (Residential Tenancy) Citation: Gunner v Lawrence; Lawrence v Gunner [2015] NSWCATCD 127 (5 November 2015) Date of Decision: 5 November 2015 Before: K Rosser, Senior Member File Number(s): RT 15/51215; RT 12/15580