Pearson v Clark [2016] NSWCATAP 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pearson v Clark [2016] NSWCATAP 134 Hearing dates: 24 February 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member T Simon, Senior Member Decision: (1) Appeal allowed;

(2) That the order made 22 October 2015 dismissing application RT 15/37923 is quashed; and

(3) In application RT 15/37923 the following orders are made;

1 The tenants (respondents), Phillip Clark, Lisa Clark, Morgan Clark and Brady Clark are to pay the landlords (applicants), Scott Pearson and Loreen Kumar the sum of $2,280.00 immediately;

Note: if the respondents do not comply with the order to pay money, a certified copy of the above money order may be obtained from the Tribunal for the purpose of enforcement action through the Local Court.

2 Order 1 takes effect on 7 July 2015.

3 The time to file application 15/37923 is extended until 9 June 2015 Catchwords: Dismissal of subsequent proceedings – Res judicata, issue estoppel, Anshun estoppel Exercise of powers of Tribunal at first instance 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: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Blair v Curran (1939) 62CLR 464 Car Sales [2015] NSWCATAP 65 Collins v Urban [2014] NSWCATAP 17 Effrem Foods v Trawl Industries 115 ALR 337 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Jackson v Goldsmith (1950) 81 CLR 446 McPherson v Mace [2015] NSWCATAP 203 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Texts Cited: Nil Category: Principal judgment Parties: Scott Pearson (Appellant) Loreen Koleena Wati Kumar (Appellant) Phillip Clark (Respondent) Lisa Clark (Respondent) Morgan Clark (Respondent) Brodie Clark (Respondent) Representation: Appellants: Mr S Pearson Respondents: Mr P Clark File Number(s): AP 15/61272 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 22 October 2015 Before: W Sponza, General Member File Number(s): RT 15/37923