Armee v Brealey [2017] NSWCATAP 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Armee v Brealey [2017] NSWCATAP 141 Hearing dates: 2 August 2016 Date of orders: 28 June 2017 Decision date: 28 June 2017 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave is granted to the appellant to appeal against the order refusing the appellant's application to file and serve evidence out of time in relation to mould related claims.

(2) The appeal against that order is allowed.

(3) Leave is granted to the appellant to appeal against the order refusing an adjournment in relation to mould related claims.

(4) The appeal against that order is allowed.

(5) Leave is granted to the appellant to appeal against the order refusing an extension of time to bring proceedings against the respondent under the Residential Tenancies Act for mould related claims.

(6) The appeal against that order is allowed.

(7) That part of the case which relates to whether the appellant should be granted an extension of time to bring proceedings against the respondent under the Residential Tenancies Act for mould related claims is to be reconsidered by the Tribunal with such further evidence, if any, as the Tribunal considers appropriate.

(8) The proceedings are to be listed before the Tribunal for directions to be given in relation to:

(a) the hearing of that part of the case referred to in order (7) and

(b) the hearing of the appellant's mould related claims under the Residential Tenancies Act if it transpires that the appellant is granted an extension of time to bring proceedings against the respondent.