Bartush v Ale [2017] NSWCATAP 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bartush v Ale [2017] NSWCATAP 161 Hearing dates: 31 August 2016, 13 October 2016 and 14 December 2016 Date of orders: 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member D A C Robertson, Senior Member Decision: (1) Appeal allowed.

(2) Set aside the decision of 7 July 2016.

(3) Remit the application to the Consumer and Commercial Division of the Tribunal for consideration of the Appellant's application for an extension of time within which to commence the application and, if an extension is granted, determination of the application. Catchwords: APPEAL – Adequacy of reasons – Findings made without evidence PROCEDURE – Extension of time to commence application – s41 Civil and Administrative Tribunal Act – Relevant considerations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Insurance Ministerial Corporation v Mesiti Unreported, NSW Court of Appeal, 1 December 1994 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roth v Pipeclay Creek [2014] NSWCATCCD 235 Thomas v Golde [2016] NSWCATAP 107 Toki v Beirs [2017] NSWCATCCD 24 Category: Principal judgment Parties: Philip Bartush (Appellant) Matalena Ale, Jerome Ale and Antonio Ale (Respondents) Representation: In Person (Appellant) M Ale (Respondents) File Number(s): AP 16/33138 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 7 July 2016 Before: W Sponza, Tribunal Member File Number(s): RT 16/21284