Kalache v Kalache [2017] NSWCATAP 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kalache v Kalache [2017] NSWCATAP 123 Hearing dates: 24 March 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Emeritus Prof G Walker, Senior Member Decision: (1) The time for lodging the Notice of Appeal is extended to 5 January 2017.

(2) The appeal is allowed.

(3) The Tribunal's decision is set aside.

(4) The Tribunal, differently constituted, is to reconsider the whole case.

(5) Ali Kalache is joined as a respondent to the Tribunal proceedings RT 16/40296. Catchwords: RESIDENTIAL TENANCIES - whether finding that there was a residential tenancy agreement between appellant and respondent was made without evidence – whether inadequate reasons given for that finding – whether third party should be joined as a respondent to the proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 41, 62(3), 80(2), 81(1)(e), 81(2) Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(b) Residential Tenancies Act 2010 (NSW), s 13, s 85, s 95 Residential Tenancies Regulation 2010 (NSW). Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Beale v GIO (1997) 48 NSWLR 430 Bugeja v Hatgiantounio [2002] NSWCA 132 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Dena Kalache (Appellant) Ackram Kalache (Respondent) Representation: Counsel: AG Todd (Appellant) C Waterstreet (Respondent)