Angilley v Van Zeyl [2017] NSWCATAP 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Angilley v Van Zeyl [2017] NSWCATAP 184 Hearing dates: 29 August 2017 Date of orders: 07 September 2017 Decision date: 07 September 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Lucy, Senior Member Decision: (1) Leave to amend the grounds of appeal granted. (2) The appeal is allowed. (3) Order 2 made on 19 May 2017 in the Tribunal at first instance is set aside. (4) Remit the matter to the Consumer and Commercial Division for rehearing and for the purposes of the remitted proceedings, the Appeal Panel directs: (a) Mr and Mrs van Zeyl are to give to the Tribunal and Mr Angilley and Real Estate Partners Pty Ltd, in person or by post, points of claim and any evidence to be relied upon at the hearing on or before 27 September 2017. (b) Mr Angilley and Real Estate Partners Pty Ltd are to give to the Tribunal and Mr and Mrs van Zeyl, in person or by post, points of defence and any evidence to be relied upon at the hearing on or before 11 October 2017. (c) Mr and Mrs van Zeyl are to give to the Tribunal and Mr Angilley and Real Estate Partners Pty Ltd, in person or by post, any submissions in reply on or before 18 October 2017. (d) The matter be listed for hearing on a date not before 18 October 2017. Catchwords: APPEAL: Claim by landlords against managing agent – Compensation for rent arrears and damage to property – Whether adequate reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 Property Stock and Business Agents Act 2002 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wainohu v New South Wales (2011) 243 CLR 181 Category: Principal judgment Parties: Matthew Angilley and Real Estate Partners Pty Ltd (Appellants) Duncan and Nilva Van Zeyl (Respondents) Representation: M Angilley (Appellants) Respondents in person File Number(s): AP 17/25015 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 19 May 2017 Before: F Holles, General Member File Number(s): GEN 17/06995