Bridgford & Anor v Brien & Ors [2017] NSWCATAP 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bridgford & Anor v Brien & Ors [2017] NSWCATAP 54 Hearing dates: 24 February 2017 Date of orders: 10 March 2017 Decision date: 10 March 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: 1. Grant leave to appeal out of time in respect of orders 1 and 8 made 2 November 2016 as varied by orders 6 and 13 made 21 November 2016 and allow that part of the appeal.

2. Orders 1 and 8 made on 2 November 2016, as varied by orders 6 and 13 made on 21 November 2016, are set aside.

3. In lieu thereof the following orders are made in application RT 16/26015:

(1) By consent, the Residential Tenancy Agreement is terminated on 31 January 2017 and possession is to be given to the landlord on the date of termination. The tenants may terminate the residential tenancy agreement earlier than 31 January 2017 by giving 48 hours written notice to the landlords' agent.

(2) It is a condition of order (a) that no rent is payable by the tenants to the landlords for the period 3 November 2016 to 31 January 2017.

4. The appeal in respect of application RT 16/31600 is dismissed.

5. The stay order 1 (suspending the order for possession) made 24 February 2017 is set aside.

6. Save as provided above, the issues of extending time to appeal or otherwise granting leave to appeal in respect of the grounds of appeal other than the claims resolved by these orders, are to be dealt with at the hearing of the appeal on 4 April 2017. Catchwords: Stay- Applicable principles, interests of justice, agreement to terminate residential tenancy agreement on conditions, orders not giving effect to agreement. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Limitation Act 1969 Residential Tenancies Act, 2010 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Procedural and other rulings Parties: Kevin Bridgford (Appellant one) Victoria Bladen (Appellant two) Greg Brien (Respondent one) Kay Brien (Respondent two) Helen Seamark (Respondent three) Allan Bladen (Respondent four) Representation: Solicitors: By Phone (Appellant one and two) A Hass, Agent (Respondents one and two) No Appearance (Respondents three and four) File Number(s): AP 17/07030 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 2 and 21 November 2016 and 29 December 2016 Before: J Lennard, General Member File Number(s): RT16/22190, RT16/26015, RT16/31600 & RT16/46524