Boys v Miskell [2016] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boys v Miskell [2016] NSWCATAP 208 Hearing dates: 15 June 2016 Date of orders: 15 June 2016 Decision date: 15 June 2016 Jurisdiction: Appeal Panel Before: Mullane ADCJ, Principal Member P Molony, Senior Member Decision: (1) The appeal and the application for leave to appeal are refused and dismissed; (2) The respondents' application for costs is refused. Catchwords: Residential Tenancy – Application for payment of arrears of rental refused – evidence inadequate- appeal dismissed Legislation Cited: Residential Tenancies Act 1987; Residential Tenancies Act 2010; Consumer, Trader and Tenancy Tribunal Act 2001 Residential Tenancies Regulation 2010; Civil & Administrative Tribunal Act 2013; Civil & Administrative Tribunal Rules 2014 Cases Cited: Jackson v NSW Land & Housing Corporation [2014] NSW CATAP 22; Ratnam v Cumarasamy (1965) 1 WLR 8; Gallo v Dawson [1990] HCA 30 Category: Principal judgment Parties: Peter Boys (Applicant) Gemma Miskell and Dean Miskell (Respondents) Representation: Counsel: Nil Solicitors: Nil File Number(s): AP 16/15933 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Nil Date of Decision: 3 March 2016. Before: K Ross – Tribunal Member File Number(s): RT 15/65646