Toberty v Lacey [2017] NSWCATAP 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Toberty v Lacey [2017] NSWCATAP 28 Hearing dates: 9 January 2017 Date of orders: 10 February 2017 Decision date: 10 February 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Charles, Senior Member Decision: 1. Time in which to lodge the appeal is extended to 26 September 2016; 2. The appeal is allowed in respect of Order 2 made on 26 August 2016; 3. Pursuant to s 81(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) Order 2 made on 26 August 2016 is varied to be:

The Registrar is directed to pay from the monies paid to the Tribunal on 6 December 2016 the amount of $728.58 to Stephen Lacey and Jennifer Lacey, and to pay the balance to Thomas Toberty.

4. The appeal is otherwise dismissed; 5. Order 1 made on 26 August 2016 is confirmed; and 6. No order as to the costs of the appeal. Catchwords: APPEAL: Residential tenancies – landlord's claim for compensation – tenant's claim for return of rental bond – whether denial of procedural fairness – whether no evidence for finding – whether leave to appeal should be granted ADMINISTRATIVE LAW: extension of time in which to appeal – extension of time to adduce evidence – discretion PROCEDURE: Adjournment application – reasons for refusal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mesiha v Murrell [2017] NSWCATAP 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Category: Principal judgment Parties: Thomas Toberty (Appellant) Stephen Lacey and Jennifer Lacey (Respondents) Representation: T Toberty (Appellant in person) S Lacey (Respondent in person) File Number(s): AP 16/43569 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 26 August 2016 Before: F Holles, General Member File Number(s): RT16/10280