Stedman v Kennedy [2016] NSWCATAP 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stedman v Kennedy [2016] NSWCATAP 193 Hearing dates: 16 March 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction: Appeal Panel Before: A Britton, Principal Member T Simon, Senior Member Decision: (1) Leave to appeal the Representation Decision is granted. (2) The appeal in relation to the Representation Decision is allowed. (3) The Representation Decision is set aside and remitted for reconsideration by the Tribunal. (4) The Appeal in relation to the Termination Decision is upheld in part. (5) Orders 1, 2 and 3 of the Decision under Appeal are set aside. (6) The Termination Decision is remitted to the Tribunal for reconsideration in accordance with [52] of these Reasons. (7) The Compensation Decision is set aside (Order 4 of the decision under appeal). (8) The Compensation Decision is remitted to the Tribunal for reconsideration in accordance with these Reasons without further evidence. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL — Residential Tenancies — Abandonment — Termination of tenancy by tenant — whether stated grounds for termination established

PRACTICE AND PROCEDURE — exercise of discretion to grant leave to a party to be legally represented — whether "special circumstance" must be established

WORDS AND PHRASES — meaning of "Australian legal practitioner" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Bhandari v Laming [2015] NSWCATAP 224 Cominos v Di Rico [2016] NSWCATAP 5 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia [1995] HCA 58 Hampel v South Australian Housing Trust [2007] SADC 64 Khan v Kang [2014] NSWCATAP 48 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 NSW Land and Housing Corporation v Woodward [2015] NSWCATAP 164 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sydney Supermarkets Pty Limited v Xu [2009] NSWADTAP 28 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Sarah Dicker and Scott Stedman (Appellants) Mathew Kennedy and Elizabeth Kennedy (Respondents) Representation: M Wasile (Appellants)