Pineiro and Kennett v Valenzuela [2016] NSWCATAP 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pineiro and Kennett v Valenzuela [2016] NSWCATAP 269 Hearing dates: 24 August 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member L P Robberds QC, Senior Member Decision: Leave to appeal is refused. The appeal is dismissed. Catchwords: Appeal - Landlord and tenant – Residential Tenancies Act - 90 day termination notice – notice alleged to be retaliatory – order that residential tenancy agreement terminated – notice alleged not to be signed by agent – agent alleged not to exist – denial of procedural fairness based on how the Tribunal hearing was conducted – decision said to be unreasonable – application made to set aside the decision – evidence not before Appeal Panel as to what occurred at the Tribunal hearing Legislation Cited: Residential Tenancies Act 2010 (NSW) Interpretation Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Cases Cited: Mulyan Pty Ltd v Cowra Shire Council [1999] NSWLEC 212 Pomare v Minister for Immigration and Citizenship [2008] FCA 458 Texts Cited: Nil Category: Principal judgment Parties: Sergio Pineiro and Melanie Kennett (Appellants) Ernestine Valenzuela (Respondent) Representation: Solicitors: R.Killalea (Appellant M Kennett) S Pineiro (Appellant in person) J Hobbs (Agent for Respondent) File Number(s): AP 16/14076 Decision under appeal Court or tribunal: Civil and Administrative Tribunal New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 29 February 2016 Before: S Daly General Member File Number(s): RT 15/63587 and RT 16/04708