Langford-Smith v Harris [2017] NSWCATAP 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Langford-Smith v Harris [2017] NSWCATAP 198 Hearing dates: 3 July 2017 Date of orders: 10 October 2017 Decision date: 10 October 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Titterton, Principal Member Decision: (1) The time for the filing of the Notice of Appeal be extended to 5 April 2017.

(2) Leave to appeal be granted in respect of the date on which the tenant gave the landlord vacant possession of the premises and the tenant's first ground of appeal and the appeal allowed in part.

(3) Order (1) of the Decision be varied so as to order the landlord to pay the tenant the sum of $6,560.97.

(4) The appeal otherwise be dismissed. Catchwords: Residential Tenancy Agreement – leave to appeal – no question of principle. Application for leave to appeal – where matters not argued previously raised on appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Collins v Urban [2014] NSWCAT AP 17 Coulton v Holcombe [1986] HCA 33 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: John Langford-Smith (Appellant) Danielle Harris (Respondent) Representation: Self Represented (Appellant) Self Represented (Respondent) File Number(s): AP 17/15798 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 March 2017 Before: W Priestley, General Member File Number(s): RT 16/50767 and RT 16/47458