Kalice v Borck & Ors [2017] NSWCATAP 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kalice v Borck & Ors [2017] NSWCATAP 46 Hearing dates: 15 February 2017 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Sarginson, Senior Member Decision: Leave to appeal is refused. The appeal is dismissed. Catchwords: Residential tenancies---Failure of a party to appear-Procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 ss 36, 38, 80, Sch 4 Cl 12 Civil and Administrative Tribunal Rules 2014 R 9, R 25 Residential Tenancies Act 2010 ss 37, 51, 162, 175 Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Yuen v Thom [2016] NSWCATAP 243 Toberty v Lacey [2017] NSWCATAP 28 Waters v Waghorn [2016] NSWCATAP 247 Hood t/as UR Place Landscape v Rutten [2016] NSWCATAP 250 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Ray Kalice (Appellant) Michael, Isabel, Chelsea & Harley Borck (Respondents) Representation: In Person (Appellant) No appearance (Respondent) File Number(s): AP 16/46393 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 30 September 2016 Before: S Hennings File Number(s): RT 16/41543