Wells v Mottram [2017] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wells v Mottram [2017] NSWCATAP 42 Hearing dates: 9 February 2017 Date of orders: 09 February 2017 Decision date: 24 February 2017 Jurisdiction: Appeal Panel Before: Wright J, President R Titterton, Senior Member Decision: (1) The Amended Notice of Appeal lodged on 9 January 2017 stand as the Notice of Appeal in this matter. (2) The appeal is allowed. (3) Orders 1, 2, 3, 4 and 5 made on 16 November 2016 are set aside. (4) In lieu of the orders made on 16 November 2016, the tenant, Mr Scott Wells, is required to comply with Clauses 15.2 and 15.3 of the Residential Tenancy Agreement and with s 51(1)(b) and (c) of the Residential Tenancies Act 2010 (NSW). (5) If the above Order 4 is not complied with, the landlord, Mr Clinton Mottram, may, on or before 9 May 2017, seek the relisting of the application for termination, under s 87 of the Residential Tenancies Act, of the residential tenancy agreement. Catchwords: RESIDENTIAL TENANCY AGREEMENT – where Tribunal terminated agreement under s 84 of the Residential Tenancies Act but application referred only to s 87 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 32, 38, 53, 62, 80 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), ss 51, 85, 87 Category: Principal judgment Parties: Scott Wells (Appellant) Clinton Mottram (Respondent) Representation: D Hollingsworth, agent/advocate (Appellant) L Walsh, agent (Respondent) File Number(s): AP 16/53303 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 November 2016 Before: W Priestley, General Member File Number(s): RT 16/47500