Udy v Tilley [2017] NSWCATAP 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Udy v Tilley [2017] NSWCATAP 30 Hearing dates: 21 November 2016 Date of orders: 15 February 2017 Decision date: 15 February 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals S Thode, Senior Member Decision: (1) Time for lodgment of appeal extended. (2) Orders 2 and 3 made on 14 April 2016 are set aside. (3) Application RT 16/02862, including claims for relief dismissed by Order 1 made 14 April 2016, is remitted to the Consumer and Commercial Division, differently constituted, for redetermination. (4) Orders purportedly made on 25 May 2015 set aside. Catchwords: ADEQUACY OF REASONS - Orders made in respect of residential tenancy claim – Tenant applies for written reasons – Refused – Appeal lodged - Second set of reasons issued after lodgment of appeal - Second set of reasons to be disregarded –Apprehension of Bias - Failure of due process – Consideration of reasons accompanying original notice of order – Held inadequate. Orders under appeal set aside, application remitted. Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Absolon v NSW TAFE [1999] NSWCA 311 Assadourian v Roads and Maritime Services (GD) [2013] NSWADTAP 46 Collins v Urban [2014] NSWCATAP 17 Isbester v Knox City Council [2015] HCA 20 JCD Ideas Holdings Pty Ltd T/AS Cafeideas v Poole & Poole [2015] NSWCATAP 122 Keith v Gal [2013] NSWCA 339 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Pettitt v Dunkley [1971] 1 NSWLR 376 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Michael Udy (Appellant) Monique Tilley (Respondent) Representation: In person (Appellant) Ms Howarth, agent, by leave (Respondent) File Number(s): AP 16/24187 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 14 April 2016 Before: W Sponza, General Member File Number(s): RT 16/02862