Abdel-Messih v Field [2016] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Field [2016] NSWCATAP 95 Hearing dates: 8 March 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Jurisdiction: Appeal Panel Before: O Shub, Principal Member S Thode, Senior Member Decision: Leave is granted to Appeal out of time and the time for filing the Appeal is extended to 3 December 2015. The Appeal is allowed. The decision below is set aside. The Appeal Panel orders the matter be remitted for consideration by a Tribunal differently constituted and in accordance with the findings of the Appeal Panel either with or without further evidence as directed by the Tribunal. Catchwords: Appeal – Civil & Administrative Tribunal (NSW). Consumer and Commercial Division – Internal Appeal – Question of Law – Whether Tribunal gave adequate reasons for its decision - Residential tenancy, nuisance, assault on landlord, weight of evidence Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17; Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Donohue v Compass Housing Services Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Khan v Kang [2014] NSWCATAP 48 Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant)