Fox v Vaucluse Bowling Club Ltd [2017] NSWCATAP 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fox v Vaucluse Bowling Club Ltd [2017] NSWCATAP 160 Hearing dates: 17 July 2017 Date of orders: 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Appeal Panel Before: R Hamilton SC – Senior Member R Titterton – Senior Member Decision: 1 The appeal is dismissed. 2 Leave to appeal on an error other than a question of law is refused. 3 The application for an extension of time in which to file the Notice of Appeal is refused. 4 The respondent's application for costs is dismissed. 5 The stay of the order for vacant possession of the premises is lifted. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Flat Glass Industries Ltd v MCS Builders Pty Ltd [2015] NSWCATAP 148 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Michael John Fox (Appellant) Natasha Dumas (Appellant)

Vaucluse Bowling Club (Respondent) Representation: The appellants appeared in person Ms J Kidnie (Agent) (Respondent) File Number(s): AP 17/25552 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 March 2017 Before: M McCue - General Member File Number(s): RT 17/09138