O’Brien v Twyman [2016] NSWCATAP 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Brien v Twyman [2016] NSWCATAP 125 Hearing dates: 2 June 2015 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member R Perrignon, Senior Member Decision: 1. Time is extended within which the appellant is to lodge her Notice of Appeal.

2. The appellant is granted leave to appeal the decision of the Tribunal in regard to:

(a) her claim for the payment of the rental bond (file no RT 14/50030) (RT 14/50030); and

(b) the respondent's claim in so far as it relates to repairs (other than the claim for cleaning) and payment of the rental bond (file no RT 14/57076) (RT 14/57076)

3. The appeal from the Tribunal's decision in RT 14/50030 is allowed in part.

4. The appeal from the Tribunal's decision in RT 14/57076 is allowed in part.

5. The decision of the Tribunal in RT 14/50030 is set aside.

6. The decision of the Tribunal in RT 14/57076 is set aside in so far as it relates to the respondent's claim for repairs (other than the claim for cleaning).

7. The decision of the Tribunal in RT 14/57076 is otherwise varied as follows:

"1. The tenant is to pay the landlord the sum of $342.86 in respect of rent arrears."

8. The appellant's claim for the payment of the rental bond the subject of this appeal (RT 14/50030) and the respondent's claim for repairs (other than the claim for cleaning) and for the payment of the rental bond the subject of this appeal (RT 14/57076) are remitted for reconsideration to the Tribunal differently constituted. The matter is to be determined without further evidence and in accordance with these reasons for decision. Catchwords: ADMINISTRATIVE LAW – Application for an extension of time within which to appeal – extension of time granted.