Russo v Brack [2016] NSWCATAP 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Russo v Brack [2016] NSWCATAP 261 Hearing dates: 10 October 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Appeal Panel Before: R Seiden SC, Senior Member J Kearney, Senior Member Decision: Extension of time to commence proceeding is refused. Catchwords: DENIAL OF NATURAL JUSTICE PROCEDURAL FAIRNESS – opportunity to present case Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 2010 Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Bhikkhu v Colvin Family Superannuation Fund [2016] NSWCATCD 29 Kenny v Beevers (Tenancy) [2011] NSWCTTT 133 Nicholas v Miernik (Tenancy) [2011] NSWCTTT 293 Pearson v Clark [2016] NSWCATAP 134 Raslan v Pan [2015] NSWCATAP 12 Volfneuk v McCardle (Tenancy) [2002] NSWCTTT 460 Waters v Waghorn [2016] NSWCATAP 247 Category: Principal judgment Parties: John (Giovanni) Russo (Appellant) Kelly Brack, Elizabeth Skillen and Emma Breese (Respondents) Representation: Solicitors: Derek Davelaar Solicitor (Appellant) File Number(s): AP 16/36680 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 17 June 2016 Before: D Moss, Member File Number(s): RT 15/68344 and RT 16/21348