Foster v Byrnes [2016] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foster v Byrnes [2016] NSWCATAP 197 Hearing dates: 20 January 2016, 30 March 2016 Date of orders: 31 August 2016 Decision date: 31 August 2016 Jurisdiction: Appeal Panel Before: A Britton, Principal Member K Rosser, Senior Member Decision: Leave to appeal the Decision made by the Tribunal on 27 August 2015 is refused. Mr Foster must pay the Byrne's' costs thrown away on 20 January 2016, as agreed or assessed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL — decision against the weight of evidence

COSTS — special circumstances 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) Cases Cited: Collins v Urban [2014] NSWCATAP 17 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 at [23]–[31]. Category: Principal judgment Parties: Troy Foster (Appellant) Bernard Brynes and Cherrie Brynes (Respondents) Representation: In person (Appellant)

S Joseph, solicitor (Respondents) File Number(s): AP 15/54327 Decision under appeal Court or tribunal: AP 15/54327 Jurisdiction: Consumer and Commercial Division Date of Decision: 27 August 2015 Before: K Holwell, Member File Number(s): RT 15/26551